IN THE NORTH WEST HIGH COURT
MAFIKENG

CASE NO.: 1201/2010
In the matter between:

KHASU ENGINEERING (PTY) LTD				APPLICANT

and

THE NALEDI LOCAL MUNICIPALITY			1ST RESPONDENT

THE MEMBER OF THE EXECUTIVE COUNCIL
OF THE NORTH WEST PROVINCE DESIGNATED
BY THE PREMIER TO BE RESPONSIBLE FOR 
HOUSING MATTERS OF HUMAN SETTLEMENT		2ND RESPONDENT

THE HEAD OF DEPARTMENT OF THE NORTH
WEST PROVINCE FOR HOUSING OR HUMAN
SETTLEMENT							3RD RESPONDENT

APPLICATION FOR LEAVE TO APPEAL

DATE OF HEARING:			05 AUGUST 2011
DATE OF JUDGMENT:			18 AUGUST 2011	
FOR THE APPLICANT:	ADV J H F PISTOR SC WITH HIM ADV 	H J SCHOLTZ	
FOR THE RESPONDENTS:	ADV F W A DANZFUSS SC WITH HIM ADVOCATE J G GILLILAND

JUDGMENT ON LEAVE TO APPEAL

LANDMAN J:

[1]	The applicant applies for leave to appeal against the whole of my judgment handed down on 30 September 2010 on the grounds set out in its notice of application dated 7 October 2010.

[2]	The application is opposed by the respondents save that the costs of the second counsel awarded in respect of 10 June 2010 have been abandoned.

[3]	The heads of argument filed by the applicant traverse the entire matter and are not restricted to the grounds upon which leave to appeal is sought.

[4]	I am of the view that another court may reasonably find for the applicant on the basis of the grounds of appeal set out in the application for leave to appeal.

[5]	In the result:

1.	Leave is granted to the applicant to appeal to the Full Bench of this court against the whole of my judgment (save the costs which had been abandoned) but only on the grounds set out in paragraphs 1 to 12 of the notice of application dated 7 October 2010.

2.	The costs of the application for leave to appeal are to be costs in the appeal.

A A LANDMAN 
JUDGE OF THE HIGH COURT

ATTORNEYS:

FOR THE APPLICANT			:	NIENABER & WISSING
FOR THE 1ST RESPONDENT		:	SMIT & STANTON