Louwen v MEC For The Department of Health Gauteng (35801/19) [2022] ZAGPPHC 840 (19 October 2022)

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 >> 2022 >> [2022] ZAGPPHC 840 | Noteup | LawCite sino index ## Louwen v MEC For The Department of Health Gauteng (35801/19) [2022] ZAGPPHC 840 (19 October 2022) Louwen v MEC For The Department of Health Gauteng (35801/19) [2022] ZAGPPHC 840 (19 October 2022) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPPHC/Data/2022_840.html sino date 19 October 2022 IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, PRETORIA Case No 35801/19 REPORTABLE: YES/NO OF INTEREST TO OTHER JUDGES: YES/NO REVISED 19 OCTOBER 2022 In the matter between: NHLABATHI SAMUKELISIWE LOUWEN                             PLAINTIFF and MEC FOR THE DEPARTMENT OF HEALTH GAUTENG                                                                              DEFENDANT LEAVE TO APPEAL FRANCIS-SUBBIAH, AJ: [1] The applicant/defendant seeks leave to appeal against the entire judgment and order delivered on 22 July 2022 in this matter. [2] The respondent/plaintiff opposes the application for leave to appeal. [3] In considering a leave to appeal there must be reasonable prospects that another court may come to a different conclusion. [4] The respondent opposed this application on the basis that I had not erred in the findings and that there are no prospects that another court may come to a different conclusion. [5] Having read the papers and having heard counsel I had considered the issues raised by the applicant in this leave to appeal in coming to a decision on the trial matter. I have dealt in depth with many of the issues raised in the application in my judgment. [6] I am of the view that there are reasonable prospects that another court may come to a different conclusion. Leave to appeal should therefore be granted to the Full Court of the Gauteng Division. [7] Accordingly the following order is made: 7.1 Leave to appeal to the Full Court of the Gauteng Division is hereby granted. 7.2 The costs of this application are to be costs in the appeal. FRANCIS-SUBBIAH, AJ ACTING JUDGE OF THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION PRETORIA Counsel for the Applican/Defendant: Adv N Manaka Instructed by:                                                                     State Attorney Counsel for the Respondent/ Plaintiff:                               Adv NGD Maritz SC Instructed by:                                                                     Joseph's Inc Date of Hearing:                                                                13 October 2022 Date of Judgment:                                                             19 October 2022 sino noindex make_database footer start