Minister of Defence and Military Veterans and Others v Sibiya (Leave to Appeal) (014981/2024) [2024] ZAGPPHC 873 (8 August 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 873 | Noteup | LawCite sino index ## Minister of Defence and Military Veterans and Others v Sibiya (Leave to Appeal) (014981/2024) [2024] ZAGPPHC 873 (8 August 2024) Minister of Defence and Military Veterans and Others v Sibiya (Leave to Appeal) (014981/2024) [2024] ZAGPPHC 873 (8 August 2024) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPPHC/Data/2024_873.html sino date 8 August 2024 IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA CASE NO: 014981/2024 (1)      REPORTABLE: NO (2)      OF INTEREST TO OTHER JUDGES: NO (3)      REVISED: YES Date: 8 August 2024 In the matter between: THE MINISTER OF DEFENCE AND MILITARY VETERANS           1 st Applicant THE SECRETARY FOR DEFENCE                                                  2 nd Applicant THE CHIEF OF THE SOUTH AFRICAN NATIONAL DEFENCE FORCE                                                         3 rd Applicant THE CHIEF OF THE SOUTH AFRICAN ARMY                                4 th Applicant CHIEF HUMAN RESOURCES                                                          5 th Applicant ADJUTANT GENERAL: DEFENCE LEGAL SERVICES DIVISION                                                                                           6 th Applicant DEPUTY DIRECTOR, SECRETARIAT OF THE GRIEVANCE          7 th Applicant BOARD and VUKILE EZROM SIBIYA                                                                     Respondent LEAVE TO APPEAL: JUDGEMENT ALLY AJ [1]  This is an application by the Applicants for leave to appeal against the order and reasons given for such order. Applicants' Counsel in argument sought leave to the Full Bench of this Division. [2]      In this application, the Applicants were represented by Adv. W. Mokhare SC and Adv. D. Mtsweni. The Respondent was once again represented by Adv. H. Scholtz. [3]      It has now become trite that the test in applications for leave to appeal has changed to one which is heightened [1] . The Applicant is accordingly required to convince this Court that another Court 'would' come to another conclusion. [4]      I do not deem it necessary to repeat the grounds of appeal in this judgement save to state that I have considered all the grounds as well as the submissions and heads of argument of both parties in this application. [5]      As indicated in the written reasons for the Order, the Order is an interim one and as such I remain unconvinced that another Court would come to a different conclusion and as such there are no reasonable prospects of success nor, in my considered view, are there any compelling reasons why leave to appeal ought to be granted. CONCLUSION [6]      Accordingly the following Order shall issue: a).      the application for leave to appeal is dismissed; b).      the Applicants are to pay the costs of this application, the one paying the other to be absolved on scale B. ACTING JUDGE OF THE HIGH COURT GAUTENG DIVISION OF THE HIGH COURT, PRETORIA Electronically submitted therefore unsigned Delivered: This judgement 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 Caselines. The date for hand-down is deemed to be 8 August 2024. Date of virtual hearing:                 24 July 2024 Date of reasons for judgment:      8 August 2024 Appearances: Attorneys for the Applicants: STATE ATTORNEY PRETORIA NaQongqo@justice.gov.za Counsel for the Applicant: Adv. W. Mokhare [with Adv. D. Mtsweni] Attorneys for the Respondent: GRIEZEL VAN ZANTEN ATTORNEYS heidi@gvzinc.co.za Counsel for the Respondent: Adv. H. Scholtz [1] The Mont Chevaux Trust v Tina Goosen 3 November 2014 (unreported judgement LCC Case No: LCC14R/2014; The Acting National Director of Public Prosecution v Democratic Alliance (unreported case no: 19577/09 dated 24 June 2016); First Reality (Pty) Ltd v Mitchell & Others 2021 ZALCC 21 dated 23 August 2021 @ para 2 sino noindex make_database footer start