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