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

In the matter between

AYESHA-BI PARKER N.O.
and

AND 29 OTHERS

JUDGMENT

I think it follows that the discretion vested by the section is a wide one and that an appeal court will thus be less constrained in the exercise of its appellate jurisdiction than would be the case if the discretion was a narrow one. I have given careful thought to the submissions made by counsel for the applicant.

I am persuaded that there is a reasonable prospect, in the light of the facts which I have endeavoured to set forth fully in my judgment and against which the discretion must be exercised that there are reasonable prospects of success on appeal. In the circumstances I think that the application for leave to appeal should succeed.
The prescription point raised in this matter is potentially decisive of this case. The question seems to be unresolved in our law. The parties were therefore agreed that if leave to appeal were to be granted it ought to be granted to the Supreme Court of Appeal. I think that this is a correct approach.