South Africa Case Law

National Director of Public Prosecutions v Sharma and Others (2427/2021)

National Director of Public Prosecutions v Sharma and Others (2427/2021) [2024] ZAFSHC 416 (27 December 2024)

Court

Free State High Court, Bloemfontein

Case number

2427/2021

Judge

Van Rhyn

The court held that the proceedings against the third defendant are not concluded for the purposes of s 17(a) of POCA while an application for leave to appeal is pending. The common law principle that the noting of an appeal suspends the operation of the order applies, and there is no indication that Parliament intended to alter this principle in POCA. The word 'acquitted' in s 17(a) refers to a final order, not one subject to appeal. The restraint order must remain in force to prevent dissipation of assets until the criminal proceedings are finally determined. The points of law raised by Isl…

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• Prevention Of Organised Crime Act
• Restraint Order
• Statutory Interpretation
• Appeal Suspension
• Confiscation Order

Democratic Municipal and Allied Workers Union of South Africa (DEMAWUSA) v Registrar of Labour Relations (J119/2020)

Democratic Municipal and Allied Workers Union of South Africa (DEMAWUSA) v Registrar of Labour Relations (J119/2020) [2020] ZALCJHB 61; [2020] 7 BLLR 681 (LC); 2020) 41 (ILJ) 1968 (LC) (10 March 2020)

Court

Labour Court Johannesburg

Case number

J119/2020

Judge

Lagrange

The Labour Court granted urgent interim relief suspending a union’s de-registration pending appeal, finding section 111(5) does not bar such relief.

• Trade Union Registration
• Interim Relief
• Secret Ballot Requirements
• Appeal Suspension
• Compliance With Lra
• Trade-union-registration

Solidarity and Others v Department of Correctional Services and Others (C834/2015)

Solidarity and Others v Department of Correctional Services and Others (C834/2015) [2017] ZALCCT 6 (3 February 2017)

Court

Labour Court Cape Town

Case number

C834/2015

Judge

Rabkin-Naicker

The Labour Court dismissed a contempt application, holding that the underlying judgment was suspended pending appeal and the interim order had lapsed.

• Contempt Of Court
• Employment Equity Targets
• Execution Of Judgments
• Appeal Suspension
• Costs Order
• Contempt-of-court

Alcock and Another v Erasmus and Another (36480/2014)

Alcock and Another v Erasmus and Another (36480/2014) [2016] ZAGPPHC 492 (29 June 2016)

Court

North Gauteng High Court, Pretoria

Case number

36480/2014

Judge

Canca

High Court eviction case involving a farm property, where the court rejected ESTA and res judicata arguments and granted eviction under PIE.

• Prevention Of Illegal Eviction Act
• Extension Of Security Of Tenure Act
• Res Judicata
• Appeal Suspension
• Unlawful Occupation
• Eviction

Morrison v City of Johannesburg and Others (66324/12)

Morrison v City of Johannesburg and Others (66324/12) [2014] ZAGPPHC 93; [2014] 2 All SA 100 (GNP) (28 January 2014)

Court

North Gauteng High Court, Pretoria

Case number

66324/12

Judge

JR Murphy

The High Court set aside Johannesburg’s approval of building plans because a pending appeal over relaxation of a building line suspended that approval.

• Review Of Administrative Action
• Building Regulations
• Town Planning Scheme
• Relaxation Of Building Line
• Procedural Fairness
• Appeal Suspension

Mansoor and Another v National Director of Public Prosecutions and Another (3494/2010)

Mansoor and Another v National Director of Public Prosecutions and Another (3494/2010) [2011] ZAECPEHC 18 (12 May 2011)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3494/2010

Judge

N G Beshe

The court held that the discharge of the provisional restraint order means there is no longer any legal basis for the continued restraint of the applicants' property. The noting of an appeal does not suspend the discharge of the order unless the parties have specifically agreed to maintain the restraint pending appeal, which was not the case here. The respondents' refusal to release the property was based on a misconception of the law. The counter-application to maintain the restraint order pending appeal was a repetition of arguments already dismissed on the merits and was accordingly refuse…

Source excerpt

• Prevention Of Organised Crime Act
• Restraint Of Property
• Interim Orders
• Appeal Suspension
• Curatorship

United Peoples Union of South Africa ("UPUSA") v Commission for Conciliation, Mediation and Arbitration and Others (J984/10)

United Peoples Union of South Africa ("UPUSA") v Commission for Conciliation, Mediation and Arbitration and Others (J984/10) [2010] ZALC 150 (21 October 2010)

Court

Labour Court

Case number

J984/10

Judge

Molahlehi

The court held that the Labour Relations Act does not provide for the automatic suspension of the Registrar's decision to deregister a trade union upon the lodging of an appeal. The common law principle that an appeal suspends a judgment does not apply to administrative decisions under the LRA. The court reasoned that allowing automatic suspension would frustrate the objectives of the LRA, particularly the need for accountability and protection of union members. The proper remedy for a union seeking suspension pending appeal is to approach the court for an order, demonstrating prejudice and p…

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• Deregistration Of Trade Union
• Appeal Suspension
• Interpretation Of Lra
• Freedom Of Association
• Administrative Action
• Common Law Stay Of Execution

Unica Plastic Moulders CC v National Union of South African Workers (J1072/2010)

Unica Plastic Moulders CC v National Union of South African Workers (J1072/2010) [2010] ZALC 116; (2011) 32 ILJ 443 (LC) (3 August 2010)

Court

Labour Court

Case number

J1072/2010

Judge

AC Basson

The Labour Court held that deregistration of a trade union is not suspended by appeal, but the union may still recruit members and operate in the workplace.

• Trade Union Deregistration
• Organizational Rights
• Interdict
• Appeal Suspension
• Labour Relations Act
• Trade-union-deregistration

Commission for Conciliation, Mediation and Arbitration v Registrar of the labour Relations and Others (J984/10)

Commission for Conciliation, Mediation and Arbitration v Registrar of the labour Relations and Others (J984/10) [2010] ZALC 110; [2010] 11 BLLR 1151 (LC) ; (2010) 31 ILJ 2886 (LC) (27 July 2010)

Court

Labour Court

Case number

J984/10

Judge

Molahlehi

The Labour Court held that an appeal against a trade union's de-registration does not automatically suspend the Registrar's decision under the LRA.

• Trade Union Registration
• Deregistration Of Trade Union
• Appeal Suspension
• Organizational Rights
• Freedom Of Association
• Trade-union-registration

Certain Underwriters at Lloyds v South African Special Risks Association (A5008/2000)

Certain Underwriters at Lloyds v South African Special Risks Association (A5008/2000) [2000] ZAGPHC 2; 2001 (1) SA 744 (W) (23 August 2000)

Court

High Courts - Gauteng

Case number

A5008/2000

Judges

M B Labe, N P Willis, P J Schabort

The majority held that the obligation to pay interest on the sum awarded in arbitration was suspended, not extinguished, by the agreement to an appeal procedure. Interest would only accrue from the date the appellate tribunal made its award, as the debt was not enforceable until final determination. The parties did not expressly agree to alter this position. The court found that the principles applicable to the suspension of judgment debts pending appeal in court proceedings apply equally to arbitration awards subject to appeal. Accordingly, Lloyds was not liable for mora interest from the da…

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• Arbitration Award Interest
• Mora Interest
• Appeal Suspension
• Contractual Liability