The Oewer Club and Hartbeespoort Snake Park’s application for leave to appeal the judgement of Judge Norman Davies has been approved by the Gauteng High Court.
Judge Davies on 9 May rejected with costs the application by the Oewer Club, Jack Seale and others, that the State recognises property owners’ rights of access to the dam as contained in their title deeds and that their rights to the foreshore, as contained in the Crown Grant of 1925 be registered.
“The negative ruling necessitated an application to appeal, which was approved on 24 July. The appeal will be heard by the Supreme Court of Appeal in Bloemfontein, hopefully towards the end of the year or early next year,” said Willie Meyer, spokesperson for the Oewer Club.
“During a meeting in May it was suggested that the application for leave to appeal be done separately by the club and the snake park, but after careful and thorough deliberation, it was decided that separate applications would not be in the best interest of the club. The costs would increase dramatically. A new advocate would have to be appointed who will first have to get familiar with the case that the current legal team has been working on for the past years. Costs would be duplicated.”
“A golden rule for advocates making submissions to the Court of Appeals is to be “clear, concise and succinct.” If separate submissions are made to the court, a lot of material will of necessity be duplicated. In addition the separation of the submissions at this late stage, may look suspicious to the court and harm our case.”
He said that the club has to keep a close watch on its expenses and voluntary contributions by residents who want to support the fight to retain their right of access to the dam, would be welcomed.
Banking details are the following:
Account holder: Schoemansville Oewerklub
Account no: 0640731826
Branch code: 632005
Reference: Litigation and your surname