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South Africa decisions
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Lebelo v First National Bank (Leave to Appeal) (143809/2024) [2025] ZAGPJHC 728 (21 July 2025)
The High Court dismissed leave to appeal against an order removing an urgent application from the roll, holding the order was not appealable absent irreparable harm.
Kurt Robert Knoop and Others v Tegeta Exploration and Resources (Pty) Ltd and Others (312/2024) [2025] ZASCA 96 (30 June 2025)
The Supreme Court of Appeal held that, under the Companies Act, once a company is placed under business rescue, the business rescue practitioners assume full management control, superseding the board of directors. Directors are thus deprived of the authority to independently appoint attorneys or initiate litigation on behalf of the company without the practitioners' approval. The mere production of a power of attorney by a director does not satisfy Rule 7 of the Uniform Rules of Court unless the director is authorized to issue it. The High Court erred in finding that the attorneys were author…
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Maviyo v Velocity Finance (RF) Limited (4424/2023) [2025] ZAECMKHC 52 (19 June 2025)
Leave to appeal was refused in a document-production dispute under rules 35(12) and 35(14), because relevance and appealability were not shown.
Silberberg N.O and Another v Theron N.O and Others (Leave to Appeal) (17678/2023) [2025] ZAWCHC 169 (15 April 2025)
The High Court dismissed an application for leave to appeal against the refusal of interdictory relief, finding no reasonable prospects of success or compelling reason.
Nancefield Dube West Taxi Association v Witwatersrand African Taxi Association (01739/2025) [2025] ZAGPJHC 373 (28 March 2025)
The High Court refused leave to appeal against an interim interdict, holding the order was not final and no interests of justice basis for appeal existed.
City of Johannesburg v Hyde Park Gardens (Pty) Ltd ta Shell Hyde Park Gardens (2024/136466; 2023/077080; 2020/15428) [2025] ZAGPJHC 318 (24 March 2025)
The High Court dismissed the City of Johannesburg’s application for leave to appeal, holding that most orders were not yet appealable and the contempt finding lacked prospects of success.
Ewels v Francis and Others (Leave to Appeal) (6497/2022) [2025] ZAWCHC 113 (17 March 2025)
The High Court dismissed leave to appeal against an interlocutory discovery order, finding no appealability and no reasonable prospects of success.
Aviation Co-Ordination Services (Pty) Limited and Others v Airports Company South Africa SOC Limited and Others (2023/119918) [2025] ZAGPJHC 178 (28 February 2025)
The court found that the orders granted on 5 November 2024 are appealable, as the interests of justice require consideration of the public importance and statutory powers implicated. The respondents satisfied the requirements for leave to appeal under section 17(1)(a)(i) and (ii) of the Superior Courts Act, as there are reasonable prospects that another court may reach a different conclusion and compelling reasons exist due to the public interest in aviation safety and statutory compliance. The court held that the applicants are entitled to declaratory relief under section 18(2), as the order…
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Jiang and Another v Standard Bank of South Africa Limited (A150/2023; 11829/2020) [2025] ZAGPPHC 89 (31 January 2025)
The Court held that the dismissal of an exception is not appealable, as it is not a final decision and remains open for reconsideration at trial. The Supreme Court of Appeal and Constitutional Court have established that appealability is determined by the interests of justice, and the triad of principles in Zweni applies. The appellants failed to demonstrate any prejudice arising from the dismissal of the exception, and no distinguishing features or interests of justice warranted granting the appeal. The Court is bound by precedent and dismissed the appeal accordingly.
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Dell v Pretorious (A2024/031453, A2024/029096, A2024/030656, A2024/030263) [2025] ZAGPJHC 77 (23 January 2025)
The High Court dismissed an appeal against four magistrates’ court interlocutory orders for non-compliance with procedural rules and mootness.
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