n 4 August 2020, the Western Cape High Court, in Cape Town, South Africa (the Cape High Court), granted leave to appeal to the Supreme Court of Appeal, the second highest court in the South African hierarchy of courts.
The Cape High Court comprised two Judges. Reading the judgment, one got a sense that there was no appetite to grant leave. Extraordinarily, in a 43-paragraph judgment, it only emerges in paragraph 41 that leave may be granted.
This is an analysis of the judgment by a recent BA(Law) graduate student from the University of Cape Town. He laments the judgment as an opportunity lost to dealing with procedural and substantive rationality from a constitutional perspective, and hopes that the SCA gets to grips with that question.
Read the full paper here Analysis of LTA Esau Judgment – Thabo Nongogo 19 August 2020 Website