INTRODUCTION & BACKGROUND The eThekwini Municipality (the “Applicant”) sought leave to appeal against the decision of the Supreme Court of Appeal (the “SCA”) wherein the SCA unanimously confirmed the dismissal by the High Court of South Africa, KwaZulu-Natal Local Division, Durban (the “High Court”) of the Applicant’s application to compel Mountaven (Pty) Ltd (the “Respondent”)