On 23 April, Judge Patrick Gamble, with Judge Monde Samela concurring, ruled on the applications by the Western Cape Provincial Government and the City of Cape Town for leave to appeal the Tafelberg property judgment.
However, while it is technically true that leave to appeal the sale was denied, nine of the orders made against the Province in the RTC application will be heard by the Supreme Court of Appeal. The court ordered both the Province and the City to file reports to the court on the steps they had taken to address this shortcoming, and gave RTC leave to respond to these reports.
The Province was also granted leave to appeal the constitutional relief, but on different terms to the City. Here, Gamble and Samela acknowledged that their orders are “wide-ranging and break new ground” and that the “interests of justice” demand that they be tested in front of a higher court. The 10th and 11th orders of the judgment relate to regulations of the Western Cape Land Administration Act , which were found to be unconstitutional and invalid. Leave to appeal was granted here to the Province.