National Council of and for persons with disabilities v Independent Communications Authority of South Africa (49918/2021) [2024] ZAGPPHC 443 (30 April 2024)

begin wrapper begin container begin header begin slogan-floater end slogan-floater - About SAFLII About SAFLII - Databases Databases - Search Search - Terms of Use Terms of Use - RSS Feeds RSS Feeds end header begin main begin center # South Africa: North Gauteng High Court, Pretoria South Africa: North Gauteng High Court, Pretoria You are here: SAFLII >> Databases >> South Africa: North Gauteng High Court, Pretoria >> 2024 >> [2024] ZAGPPHC 443 | Noteup | LawCite sino index ## National Council of and for persons with disabilities v Independent Communications Authority of South Africa (49918/2021) [2024] ZAGPPHC 443 (30 April 2024) National Council of and for persons with disabilities v Independent Communications Authority of South Africa (49918/2021) [2024] ZAGPPHC 443 (30 April 2024) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPPHC/Data/2024_443.html sino date 30 April 2024 # IN THE HIGH COURT OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA # GAUTENG DIVISION, PRETORIA GAUTENG DIVISION, PRETORIA # CASE NO: 49918/2021 (1) REPORTABLE: YES /NO (2) OF INTEREST TO OTHER JUDGES: YES /NO 30/04/24 In the matter between: # NATIONAL COUNCIL OF AND FOR PERSONS NATIONAL COUNCIL OF AND FOR PERSONS WITH DISABILITIES Applicant and # INDEPENDENTCOMMUNICATIONSAUTHORITY INDEPENDENT COMMUNICATIONS AUTHORITY OF SOUTH AFRICA Respondent # JUDGMENT JUDGMENT Tuchten J : 1 This is an application for leave to appeal from a judgment of Tolmay J, who is presently serving in the SCA. 2 The decision of the learned judge was based on the conclusion that the applicant had delayed unreasonably in bringing the application. The learned judge adverted to the merits in a single paragraph and found that the applicant’s submissions on the merits were unfounded. In my view it is reasonably arguable that the learned judge erred in finding that there was unreasonable delay and, further, that the applicant had not established a good case on the merits. 3 In my view, therefore, there are prospects of success in the proposed appeal. The issues and the importance of the rights are such that the appeal ought to be heard by the SCA. 4 I make the following order: 1 The applicant is granted leave to appeal to the Supreme Court of Appeal. 2 The costs of the application for leave to appeal will stand over, pending the decision on appeal. NB Tuchten Judge of the High Court 30 April 2024 NatCounDeafICASA.jm1 For the applicant: Adv G Marcus SC and Adv E Watson Instructed by: Webber Wentzel Sandton For the respondent: Adv K Tsatsawane SC and Adv L Swandile Instructed by: HM Chaane Attorneys Inc Centurion NatCounDeafICASA.jm1 sino noindex make_database footer start