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REPUBLIC OF SOUTH AFRICA

IN THE HIGH COURT OF SOUTH AFRICA

GAUTENG DIVISION, PRETORIA

 

 

Case Number: 071891/2023

(1)      REPORTABLE: NO

(2)      OF INTEREST TO OTHER JUDGES: NO

(3)      REVISED: YES

DATE 25 April 2025

SIGNATURE

In the matter between:

 

INSTITUTE FOR ECONOMIC JUSTICE                                                         First Applicant

 

#PAYTHEGRANTS                                                                                    Second Applicant

 

and

 

MINISTER OF SOCIAL DEVELOPMENT                                                 First Respondent

 

SOUTH AFRICAN SOCIAL SECURITY AGENCY                               Second Respondent

 

MINISTER OF FINANCE                                                                          Third Respondent

 

 

JUDGMENT

TWALA, J

 

[1]      This is a variation order envisaged in terms of Rule 42(1) (b) of the Uniform Rules of Court relating to the judgment I handed down electronically, by circulation to the parties' legal representatives on 18 March 2025.

 

[2]      The Rule provides that the court may, in addition to any other powers it may have, mero motu rescind or vary an order in which there is an ambiguity, or a patent error or omission, but only to the extent of such ambiguity, error or omission.[1]

 

[3]      On 11 April 2025, the respondents brought to my attention that they have served their Notice of Appeal to the Supreme Court of Appeal. However, the Registrar required that the order I previously issued be amended or clarified to facilitate proper processing of the appeal.

 

[4]      In correcting the order of the 18 March 2025 in terms of Rule 42 of the Uniform Rules of Court, I amend the order to read as follows: 

 

           3.1.   The respondents are granted leave to appeal to the Supreme Court of Appeal.

 

           3.2. Costs to be costs in appeal.

 

TWALA M L

Judge of the High Court of South Africa

Gauteng Division, Pretoria

 

For the Applicants:	Advocate J. Brickhill
	Advocate MBE Mbikiwa
	Advocate M Kritzinger
Instructed by:	SERI Law Clinic
	Tel: 011 356 5860
	nkosinathi@seri-sa.org
For the First and Second Respondents:	Advocate T Ntoane
Instructed by:	State Attorney – Pretoria
	Tel: 012 309 1575
	Tletageng@justice.gov.za
For the Third Respondent:	Advocate G Marcus SC
	Advocate A Friedman
Instructed by:	State Attorney – Pretoria
	Tel: 012 309 1575
	pheMokoena@justice.gov.za
Date of Hearing:	DECIDED ON THE PAPERS
Date of Judgment:	18 March 2025
Date of amendment:	25 April 2025

 

Delivered:    This judgment and order was prepared and authored by the Judge whose name is reflected and is handed down electronically by circulation to the Parties/their legal representatives by email and by uploading it to the electronic file of this matter on Case Lines. The date of the order is deemed to be the 25 April 2025.

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