Page:Fourie v Minister of Home Affairs (CC).djvu/10

Rh be neither competent nor necessary. The High Court has the power to grant leave to appeal against its judgments and orders to the SCA. As observed earlier, such leave has already been granted. Once the matter has been disposed of by the SCA, it is, of course, open to either party to approach this Court, if so advised, for leave to appeal.

In my view this is not a matter in which it would be appropriate to make any order as to costs.

The application for leave to appeal directly to this Court from the decision of Roux J in the Pretoria High Court is refused.

Chaskalson CJ, Langa DCJ, Goldstone J, Madala J, Mokgoro J, Ngcobo J, O'Regan J and Yacoob J all concur in the judgment of Moseneke J. Rh