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

and

AFRICA CASH AND CARRY (PTY) LTD
AFRICA CASH AND CARRY (CROWN MINES) (PTY) LTD MOHAMMED EDREES HATHURANI
EDREES AHMED HATHURANI IQBAL AHMED  HATHURANI CASSIM AYSEN
EDREES AHMED HATHURANI N.O.
(in his capacity as trustee for the time being of the Edrees Hathurani Family Trust (No. IT1919/97))
IQBAL AHMED HATHURANI N.O.
(in his capacity as trustee for the time being of the Edrees Hathurani Family Trust (No. IT1919/97)) CASSIM AYSEN N.O.
(in his capacity as trustee for the time being of the

Applicant

1st Respondent 2"d Respondent 3rd Respondent 4th Respondent 5th Respondent 5th Respondent 7th Respondent

ath Respondent

9th Respondent

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Edrees Hathurani Family Trust (No. IT1919/97))
YOUSHA TAYOB N.O.
(in his capacity as trustee for the time being of the Edrees Hathurani Family Trust (No. IT1919/97)) IQBAL AHMED HATHURANI N.O.
(in his capacity as trustee for the time being of the Iqbal Ahmed Hathurani Family Trust (No. IT725/06)) AYESHA HATHURANI N.O.
(in his capacity as trustee for the time being of the Iqbal Ahmed Hathurani Family Trust (No. IT725/06)) FAROUK SHARIEF N.O.
(in his capacity as trustee for the time being of the Iqbal Ahmed Hathurani Family Trust (No. IT725/06)) MOHAMMEED EDREES HATHURANI N.O.
(in his capacity as trustee for the time being of the Mohammed Edrees Hathurani Family Trust (No. IT7027/06)) ZENOBIA KHAN N.O.
(in his capacity as trustee for the time being of the Mohammed Edrees Hathurani Family Trust (No. IT7027/06)) FAROUK SHARIEF N.O.
(in his capacity as trustee for the time being of the Mohammed Edrees Hathurani Family Trust (No. IT7027/06)) CASSIM AYSEN N.O.
(in his capacity as trustee for the time being of the Cassim Aysen Family Trust (No. IT724/06)) FOZIA KHAN N.O.
(in his capacity as trustee for the time being of the Cassim Aysen Family Trust (No. IT724/06))

IMTIYAZ AYSEN N.O.
(in his capacity as trustee for the time being of the Cassim Aysen Family Trust (No. IT724/06))

10th Respondent

11th Respondent

12th Respondent

13th Respondent

14th Respondent

15th Respondent

16th Respondent

17th Respondent

18th Respondent

19th Respondent

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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.

Judge of the High Court

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On behalf of the

RespondenUApplicant:

On behalf of the 1st  2"d	3rd
'	'	'

Applicants/Respondents:

Gildenhuys Malatji Attorneys GMI House
Harlequins Office Park 164 Totius Street Pretoria
Adv. Coetzer SC Adv. C. Naude

Shaheed Dollie Inc CIO Cassim Inc 461 Fehrsen Street Brooklyn
Pretoria

Adv. Cassim SC