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IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

Case No: 49274/2014

Date heard: 25 June 2015

Date of order: 25 June 2015

THE COMMISSIONER FOR THE

SOUTH AFRICAN REVENUE SERVICES                                                                  Applicant

and

AFRICA CASH AND CARRY (PTY) LTD                                                         1^st Respondent

AFRICA CASH AND CARRY (CROWN MINES) (PTY) LTD                            2^nd Respondent

MOHAMMED EDREES HATHURANI                                                                3^rd Respondent

EDREES AHMED HATHURANI                                                                         4^th Respondent

IQBAL AHMED  HATHURANI                                                                           5^th Respondent

CASSIM AYSEN                                                                                                   6^th Respodent

EDREES AHMED HATHURANI N.O.                                                                7^th Respondent

(in his capacity as trustee for the time being of the Edrees

Hathurani Family Trust (No. IT1919/97))

IQBAL AHMED HATHURANI N.O.                                                                   8^th Respondent

(in his capacity as trustee for the time being of the Edrees

Hathurani Family Trust (No. IT1919/97))

CASSIM AYSEN N.O.                                                                                          9^th Respodent

(in his capacity as trustee for the time being of the

Edrees Hathurani Family Trust (No. IT1919/97))

YOUSHA TAYOB N.O.                                                                         10^th Respondent

(in his capacity as trustee for the time being of the Edrees

Hathurani Family Trust (No. IT1919/97))

IQBAL AHMED HATHURANI N.O.                                                                   11^th Respondent

(in his capacity as trustee for the time being of the

Iqbal Ahmed Hathurani Family Trust (No. IT725/06))

AYESHA HATHURANI N.O.                                                                             12^th Respondent

(in his capacity as trustee for the time being of the

Iqbal Ahmed Hathurani Family Trust (No. IT725/06))

FAROUK SHARIEF N.O.                                                                                  13^th Respondent

(in his capacity as trustee for the time being of the

Iqbal Ahmed Hathurani Family Trust (No. IT725/06))

MOHAMMEED EDREES HATHURANI N.O.                                                      14^th Respodent

(in his capacity as trustee for the time being of the

Mohammed Edrees Hathurani Family Trust (No. IT7027/06))

ZENOBIA KHAN N.O.                                                                                      15^th Respondent

(in his capacity as trustee for the time being of the

Mohammed Edrees Hathurani Family Trust (No. IT7027/06))

FAROUK SHARIEF N.O.                                                                                 16^th Respondent

(in his capacity as trustee for the time being of the

Mohammed Edrees Hathurani Family Trust (No. IT7027/06))

CASSIM AYSEN N.O.                                                                                       17^th Respondent

(in his capacity as trustee for the time being of the

Cassim Aysen Family Trust (No. IT724/06))

FOZIA KHAN N.O.                                                                                           18^th Respondent

(in his capacity as trustee for the time being of the

Cassim Aysen Family Trust (No. IT724/06))

IMTIYAZ AYSEN N.O.                                                                                      19^th Respondent

(in his capacity as trustee for the time being of the

Cassim Aysen Family Trust (No. IT724/06))

LEAVE TO APPEAL JUDGMENT

A.M.L.   PHATUDI J:

[1] After having read the application for leave to appeal and after having heard both counsel for the applicant and the respondents respectively, I am not persuaded that there are prospects of success on appeal as envisaged in terms of section 17(a}(i) of the Superior Court Act 10 of 2013.

I, in the result make the following order.

Order:

1.         The applicant's application for leave to appeal is dismissed with costs, which costs shall include the costs of two counsel.

____________________

A. M. L. Phatudi

Judge of the High Court

On behalf of the

 

RespondenUApplicant:                                        Gildenhuys Malatji Attorneys

                                                                                      GMI House

                                                                                     Harlequins Office Park

                                                                                     164 Totius Street

                                                                                      Pretoria

                                                                                     Adv. Coetzer SC

                                                                                     Adv. C. Naude

On behalf of the 1st  2"d    3rd

Applicants/Respondents:                                     Shaheed Dollie Inc

                                                                                     CIO Cassim Inc

                                                                                     461 Fehrsen Street Brooklyn

                                                                                     Pretoria

                                                                                     Adv. Cassim SC

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