South Africa: North Gauteng High Court, Pretoria

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION. PRETORIA

Case number: 2639/2011

Date: 11 February 2014

In the matter between:

GENESIS MEDICAL SCHEME………………………………………..Applicant

and

VUYANI NGALWANA N.O…………………………………....First Respondent

THE COUNCIL FOR MEDICAL SCHEMES…………….Second Respondent

ANNALISE DU TOIT………………………………………….Third Respondent

LEAVE TO APPEAL JUDGMENT

PRETORIUS J.

[1] This application for leave to appeal is against the whole judgment delivered on 27 November 2013 by this court.

[2] I have received heads of argument from the counsel for the first and second respondents’ counsel. I have considered the application for leave to appeal, as well as all the arguments raised in court. Furthermore I have once more considered the authorities to which I had been referred.

[3] I do not intend setting out the reasons for my judgment as the reasons for my findings are clear from the judgment I originally delivered.

[4] The court is of the opinion that another court will not come to a different conclusion in this application.

[5] The following order is made:

1. The application for leave to appeal is dismissed with costs;

2. The costs to include the costs occasioned by the use of two counsel.

Judge C Pretorius

Case number: 2639/2011

Heard on: 4 February 2014

For the Applicant: Adv E Fagan SC

Instructed by : Webber Wentzel

For the Respondent: Adv Brett SC

: Adv AJ Lapan

Instructed by: Routledge Modise INC

Date of Judgment: 11 February 2014