City of Johannesburg gets leave to appeal ruling on prepaids
Tuesday 9 September 2008 by Ahmed
THIS MORNING AT THE JOHANNESBURG HIGH COURT, THE APPLICATION FOR LEAVE TO APPEAL THE DECISION OF THE HIGH COURT ON THE PRE-PAID WATER CASE BY THE CITY OF JOHANNESBURG, JOHANNESBURG WATER & THE DEPARTMENT OF WATER AFFAIRS & FORESTRY WAS GRANTED BY JUDGE M.P. TSOKA.
Arguments from each of the legal teams representing the complainants and the respondents took just over an hour and then Judge Tsoka immediately announced that he was granting COJ/JW/DAWF leave to appeal to the Supreme Court of Appeals (SCA) in Bloemfontein. The Judge simply indicated in his 15 second ruling that the leave to appeal was being granted on the basis that there is the likelihood/possibility that a higher court might come to a different conclusion.
While it is disappointing that the appeal is not going to go directly to the Constitutional Court (requested by our legal team in the event that leave to appeal was granted) the granting of leave to appeal was expected. Unfortunately, this means that the case will be dragged out for at least another 12-18 months as it is highly likely that the case will go all the way to the Constitutional Court. Regardless, the Coalition and the legal team will move forward in confident preparation for the SCA appeals hearing (no date has yet been set). On the ground in Phiri and wherever else the wicked pre-paid meters are present, the struggle will continue.
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