South Africa: North Gauteng High Court, Pretoria

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[2017] ZAGPPHC 623
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Kosmos Ratepayers and Residents Association and Others v Madibeng Local Municipality and Others (17599/2014) [2017] ZAGPPHC 623 (22 September 2017)
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IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
Case number: 17599/2014
Date: 22/9/2017
Not reportable
Not of interest to other judges
Revised.
In the matter between:
THE KOSMOS RATEPAYERS AND RESIDENTS ASSOCIATION
FIRST APPLICANT
ANN LITTEN
SECOND APPLICANT
DANIE PRETORIUS NO
THIRD APPLICANT
MICHAEL JESSEMAN NO
FOURTH APPLICANT
And
THE MADIBENG LOCAL MUNICIPALITY
FIRST RESPONDENT
ENERGY MATOME MANAKA
SECOND RESPONDENT
BATHABILE MOABI
THIRD RESPONDENT
THE UNLAWFUL OCCUPIERS OF KOSMOS PROPERTIES
FOURTH RESPONDENT
THE DEPARTMENT OF HOME AFFAIRS
FIFTH RESPONDENT
JOSTINA MMAMTINA MOTHIBE
SIXTH RESPONDENT
JUDGMENT
PRETORIUS J.
(1) I have considered the arguments and the judgment of AA Louw J, as well as the reasons for applying for leave to appeal. In these circumstances I find that it is possible that another court may come to a different conclusion.
(2) Consequently, I make the following order:
1. Leave to appeal is granted to the Full Court of the Gauteng Division of the High Court.
2. Costs to be costs in the appeal.
_______________
Judge C. Pretorius
Case number : 17599/2014
Matter heard on : 20 September 2017
For the Applicants : Adv PA Venter
Instructed by : Vermaak and Partners Inc
For the Respondent
Instructed by : TF Matlakala Attorneys
Date of Judgment : 22 September 2017