Synopsis:
Application for leave to appeal against a judgment of the Supreme Court of Appeal declaring land vested in the respondent Trust and falling within the applicant Municipality’s jurisdiction not rateable as it constituted state property and was therefore exempt in terms of section 3(3)(a) of the Rating of State Property Act 79 of 1984. Since the applicant’s application was filed more than two months late, it was required to apply for condonation. The Court rejected the reasons provided for the delay. In addition, there were no prospects of success. Consequently it was not in the interests of justice to grant condonation or leave to appeal. The application was dismissed with costs.
Judgment: Jafta J (unanimous).