IN THE HIGH COURT OF SOUTH AFRICA
(WESTERN CAPE, HIGH COURT, CAPE TOWN)

In the matter between:

STELLENBOSCH RATEPAYERS

and

DENNIS MOSS PLANNERS& ARCHITECTS

It is so that a judgment by the Supreme Court of Appeal will have no practical effect for the parties to this application, because the Fifa World Cup will be over. In any event, the construction of the viewing stadia should already be complete. To that extend, the issues are moot.

Even if another Court should uphold the proposed appeal and set aside my earlier judgment, no practical effect would accrue to the parties. However, that is not the end of the enquiry. I have also considered whether, as the applicants argued, the issues raised are such that it is in the public interest that the Supreme Court of Appeal should pronounce on them.

I am of the view, for the reasons set out above, that the proposed appeal does not enjoy reasonable prospects of success and leave to appeal must accordingly be refused.

BAARTMAN, J