CCT116/09

[2011] ZACC 12

2011 (11) BCLR 1123 (CC)

Yacoob J

15 March 2011

8 April 2011

http://hdl.handle.net/20.500.12144/3598

Application for leave to appeal against an order of the Free State High Court: Cherangani Trade and Investment 107 (Edms) Bpk v Alan Clifford Mason N.O. and Others, Case No. 6712/2008 & 287/2009, Free State High Court, Bloemfontein, 12 March 2009, unreported.

An application for leave to appeal an order of the High Court made under the Naitonal Credit Act. Provisions of the Act require a Court to declare void any agreement made by a credit provider that is not properly registered so under the Act. The order under section 89(5) of the Act could lead to forfeiture to the state of ?purported rights' under the agreement. The applicants sought to have the Act interpreted so as to give the High Court discretion over making the order. The Court held that it was not in the interests of justice to grant leave to appeal because the order of the High Court was issued without reasons and leave to appeal to the Supreme Court of Appeal was dismissed without reasons, effectively making this Court a court of first and last instance on the issues raised. Furthermore, the facts were not fully developed and the legal issues raised indicated that the Minister of Finance should have been joined as a party to explain what rights could be forfeited to the state. Leave to appeal was dismissed. Judgment: Yacoob J (unanimous).