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

In the matter between:

JUDGMENT 
Application for Leave to Appeal

I continue to be of the view that the applicant's contentions in this regard are unfounded, and nothing that has been said today in this Court has altered my view. However, the prospect that another Court might reach a different conclusion is not, in my view, so remote that it can be said to be beyond the bounds of reasonableness. In my earlier judgment I expressed the view that several of the arguments which the applicant had advanced in this Court were not entirely without merit. I remain of that view.

That leaves the question as to what Court should hear the appeal. The issue raised in this matter may well be of considerable potential interest and importance to a large number of the inhabitants of this city. I therefore think that it is deserving of consideration by the Supreme Court of Appeal rather than by a Full Bench of this Court.   Accordingly, in my view the appeal should be entertained by the former Court rather than by the latter.

For these reasons I make the following order:
1.	
2.	The costs of this application shall be costs in the appeal.

THRING, J