The Supreme Court of Appeal (SCA) has dismissed an application for leave to appeal, brought by RASP Consultants CC against uThukela District Municipality and five other respondents, ruling that there is no reasonable prospect of success in the appeal. The application was also dismissed with costs.

Court finds no compelling reason for appeal

The matter was considered by Honourable Justices Matojane JA and Mooki AJA on July 29, arising from the KwaZulu-Natal High Court. After considering the Notice of Motion and the documents filed, the court found there was ‘no reasonable prospect of success in an appeal’ and ‘no other compelling reason why an appeal should be heard’.

Several government bodies cited as respondents

The application was brought by RASP Consultants CC against uThukela District Municipality as the first respondent. Other respondents cited in the matter were the Sheriff of Ladysmith, the KwaZulu-Natal MEC for Local Government, the Minister of Co-operative Governance & Traditional Affairs, the chairperson of the Rules Board for Courts of Law, and the Minister of Justice & Constitutional Development.

Registrar issues formal order

The formal order was issued by the Registrar of the Supreme Court of Appeal on July 30, confirming the court’s decision made the previous day. The dismissal means that the application for leave to appeal has been unsuccessful, leaving the earlier judgment in place.

RASP hits back

An official response by RASP Consultants CC indicated that they will take the decision back to court. Read the full response below:.

RASP Consultants CC has noted the decision of the Supreme Court of Appeal, refusing its application for leave to appeal.

After careful consideration of the decision and consultation with its legal representatives, RASP has resolved to exercise further rights and remedies available to it in law. This will include pursuing the appropriate reconsideration and appellate processes in relation to the decision.

RASP respectfully maintains that there are substantial legal and factual grounds warranting further consideration, including material evidence and crucial facts which, in its view, were not adequately considered in the proceedings before the High Court.

RASP remains committed to pursuing the matter through the proper judicial processes and has full confidence in the rule of law and the administration of justice. As the matter remains the subject of ongoing legal proceedings, RASP will refrain from litigating the merits of the dispute through the media.

Kindly record that the decision does not bring the legal process to an end and that RASP will exercise all of its rights in accordance with the applicable law.

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