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/SG

IN THE HIGH COURT OF SOUTH AFRICA

(TRANSVAAL PROVINCIAL DIVISION)

DATE: 11/03/2008

CASE NO: 21224/2007

UNREPORTABLE

In the matter between:

THE MINISTER OF JUSTICE

AND CONSTITUTIONAL DEVELOPMENT APPLICANT

And

MQABUKENI CHONCO & 383 OTHERS RESPONDENT

JUDGMENT

SERITI, J

In this matter, the applicant, who was the first respondent in the main application brought an application for leave to appeal to the Full Bench of the Transvaal Provincial Division of the High Court, alternatively to the Supreme Court of Appeal.

Several grounds upon which the application is based are fully set out in the notice of application for leave to appeal and I do not believe it is necessary for me to set them out in this judgment.

After reading my judgment, listening to oral argument by both counsel and reading the heads of argument prepared by the applicant’s counsel, I am of the view that there are reasonable prospects that another court might arrive at a different decision.

The applicant’s counsel further submitted, correctly so, that this matter is of paramount importance to their client and other Government Departments and consequently it is a matter where a pronouncement of the Supreme Court of Appeal is necessary.

I therefore make the following order:

1. Applicant is granted leave to appeal to the Supreme Court of Appeal.

2. Costs of this application to be costs in the appeal.

W L SERITI

JUDGE OF THE HIGH COURT

21224/2007

Heard on: 06/03/2008

For the Appellant: Adv Moerane SC

Instructed by: State Attorney

For the Respondent: Adv T J Kruger SC

Instructed by: J H Van der Merwe Inc, Pretoria

Date of Judgment: 11/03/2008

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