REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG LOCAL DIVISION, JOHANNESBURG)

(1)	REPORTABLE: NO 
(2)	OF INTEREST TO OTHER JUDGES: NO
(3)	REVISED

8 SEPTEMBER 2016	       FHD VAN OOSTEN 

CASE NO: 25604/2016 

In the matter between
VUYO MVOKO						                          APPLICANT               			     	   							
and 

THE SOUTH AFRICAN BROADCASTING
CORPORATION SOC LTD  					             RESPONDENT  

J U D G M E N T
(LEAVE TO APPEAL)
___________________________________________________________________ 
VAN OOSTEN J:
[1] The applicant now seeks leave to appeal against the whole of my judgment and the order I have made.   
[2] A number of grounds have been advanced in support of the application. The grounds, in my view, reveal a misreading of my judgment and a misconception of the true nature of the issues raised in the main application. What seems to have been overlooked is that the relief granted was premised on the contractual relationship between the parties and aimed at reaching finality in the pending investigation. I do not consider it necessary to once again deal with those issues and the reasons for my order. 
[3] I am accordingly not convinced that another court may reasonably come to a different conclusion. 
[4] In the absence of reasonable prospects of a successful appeal, leave to appeal ought not to be granted.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                
[5] In the result I make the following order: 
1.	Leave to appeal is refused.  
2.	The applicant is to pay the costs of the application for leave to appeal, such costs to include the costs of two counsel. 

_________________________
FHD VAN OOSTEN
JUDGE OF THE HIGH COURT

COUNSEL FOR APPLICANT 				ADV L SISILANA 
ADV TN NGCUKAITOBI
								
APPLICANT’S ATTORNEYS				BOWMAN GILFILLAN INC

COUNSEL FOR RESPONDENT 				ADV S DU TOIT SC
								ADV A BESTER
								ADV S KANYANGARARA 

RESPONDENT’S ATTORNEYS 				NCUBE INC  

DATE OF HEARING					8 SEPTEMBER 2016
DATE OF JUDGMENT  					8 SEPTEMBER 2016