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IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

 

Case No 35801/19

REPORTABLE: YES/NO

OF INTEREST TO OTHER JUDGES: YES/NO

REVISED

19 OCTOBER 2022

 

In the matter between:

NHLABATHI SAMUKELISIWE LOUWEN                             PLAINTIFF

and

MEC FOR THE DEPARTMENT OF HEALTH

GAUTENG                                                                              DEFENDANT

 

LEAVE TO APPEAL

 

FRANCIS-SUBBIAH, AJ:

 

[1]          The applicant/defendant seeks leave to appeal against the entire judgment and order delivered on 22 July 2022 in this matter.

[2]          The respondent/plaintiff opposes the application for leave to appeal.

[3]          In considering a leave to appeal there must be reasonable prospects that another court may come to a different conclusion.

[4]          The respondent opposed this application on the basis that I had not erred in the findings and that there are no prospects that another court may come to a different conclusion.

[5]          Having read the papers and having heard counsel I had considered the issues raised by the applicant in this leave to appeal in coming to a decision on the trial matter. I have dealt in depth with many of the issues raised in the application in my judgment.

[6]          I am of the view that there are reasonable prospects that another court may come to a different conclusion. Leave to appeal should therefore be granted to the Full Court of the Gauteng Division.

[7]          Accordingly the following order is made:

7.1         Leave to appeal to the Full Court of the Gauteng Division is hereby granted.

7.2         The costs of this application are to be costs in the appeal.

 

 

FRANCIS-SUBBIAH, AJ

ACTING JUDGE OF THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION

PRETORIA

 

 

Counsel for the Applican/Defendant:                                 Adv N Manaka

Instructed by:                                                                     State Attorney

Counsel for the Respondent/ Plaintiff:                               Adv NGD Maritz SC

Instructed by:                                                                     Joseph's Inc

Date of Hearing:                                                                13 October 2022

Date of Judgment:                                                             19 October 2022

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