Magwaza and Another v City of Ekhuruleni Metropolitan Municipality and Others (2023/042442) [2024] ZAGPJHC 96 (29 January 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: South Gauteng High Court, Johannesburg South Africa: South Gauteng High Court, Johannesburg You are here: SAFLII >> Databases >> South Africa: South Gauteng High Court, Johannesburg >> 2024 >> [2024] ZAGPJHC 96 | Noteup | LawCite sino index ## Magwaza and Another v City of Ekhuruleni Metropolitan Municipality and Others (2023/042442) [2024] ZAGPJHC 96 (29 January 2024) Magwaza and Another v City of Ekhuruleni Metropolitan Municipality and Others (2023/042442) [2024] ZAGPJHC 96 (29 January 2024) Download original files PDF format RTF format make_database: source=/home/saflii//raw/ZAGPJHC/Data/2024_96.html sino date 29 January 2024 SAFLII Note: Certain personal/private details of parties or witnesses have been redacted from this document in compliance with the law and SAFLII Policy REPUBLIC OF SOUTH AFRICA IN THE HIGH COURT OF SOUTH AFRICA GAUTENG DIVISION, JOHANNESBURG Case No: 2023 / 042442 Reportable: No Of Interest to other Judges: No 29 January 2024 In the matter between: SIBONGISENI MOKHINE MAXWELL MAGWAZA First Applicant (Identity Number: […]) NTHOMBENHLE CYNTHIA NGWENYA Second Applicant (Identity Number: […]) And THE CITY OF EKURHULENI METROPOLITAN MUNICIPALITY First Respondent EKURHULENI METROPOLITAN POLICE DEPARTMENT Second Respondent KEAMOGETSE LOVEDENIA MAGWAZA Third Respondent JUDGMENT- Application for leave to appeal Vally J [1]  In this matter I issued an order dismissing the application and ordering the applicants to jointly and severally pay the costs of the application. The applicants seek leave to appeal the full bench of this court. To this end they have filed an application furnishing detailed, cogent submissions to support their claim that there exists a reasonable prospect that another court invested with the same facts would come to a different conclusion. They have also supplemented these during their oral submissions. [2]  Ha ving carefully considered the submission, and having re-examined the pleadings as well as the judgment itself, I have come to the conclusion that there is a reasonable prospect that another Court would come to a different conclusion. Accordingly, the following order is made: a.  Leave to appeal to the full court of this Division is granted. b.  Costs of the application for leave to appeal shall be costs in the appeal. VALLY J GAUTENG HIGH COURT, JOHANNESBURG Date of hearing:                          29 JANUARY 2024 Date of judgment:                       29 JANUARY 2024 For the Applicant:                        S SHAMASE (Attorney) For the Respondents:                 Sinethemba Vobi Instructed by:                              M Mabunda Inc (for the first and second respondent) and Sineke Attorneys (for the third respondent) sino noindex make_database footer start