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South Africa decisions
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R.F v J.S (Appeal) (A79/2025) [2025] ZAWCHC 323 (31 July 2025)
The High Court struck an appeal from Children's Court interim and postponement orders as unappealable, holding the merits had not yet been determined.
Road Accident Fund v Commissioner for the South African Revenue Service and Another (Reasons) (019721/2025) [2025] ZAGPPHC 357 (22 April 2025)
The High Court refused leave to appeal against an interim order, finding it was not final, definitive, or substantially dispositive of the main dispute.
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.
Neospace (Pty) Ltd v F and J Engelbrecht Familie Bellegings (Pty) Ltd and Others (03843/2024) [2025] ZAGPJHC 55 (27 January 2025)
The High Court dismissed Neospace’s application for leave to appeal, finding the interim order was not appealable and that no reasonable prospects of success existed.
J.L v D.J (2024/088101) [2024] ZAGPJHC 1210 (15 October 2024)
The court found that interim interdicts are generally not appealable unless exceptional circumstances exist and the interests of justice demand it. The applicant failed to specify clear grounds demonstrating exceptional circumstances or judicial misdirection, instead presenting vague and generalised arguments focused on the merits rather than the appealability of the interim order. The grounds of appeal did not comply with Rule 49(1)(b) and were a mere repetition of previous arguments. The court was not persuaded that another court would reach a different conclusion or that the applicant had…
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Fair-Trade Independent Tobacco Association NPC and Others v Commissioner for the South African Revenue Services and Another (115176/2023; 115375/2023) [2024] ZAGPPHC 1007 (25 September 2024)
The Court found that SARS failed to address the appealability of the interim order and did not engage with the interests of justice inquiry. The interim interdict was not final and did not dispose of the constitutional challenge, serving only to govern the situation until final determination. SARS's novel point regarding the Court's duty under Section 172(1) of the Constitution was misplaced, as the interim relief did not require a declaration of invalidity at this stage. The applicants had established a prima facie right to privacy due to SARS's conduct under the impugned rule. The grounds f…
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YG Properties Investments (Pty) Ltd v Ekurhuleni Metropolitan Municipality and Another (Leave to Appeal Application) (2023/059368) [2024] ZAGPJHC 799 (13 August 2024)
The High Court struck a leave to appeal application from the roll, holding that the interim and urgency orders were not appealable and had lapsed.
Consortium Comprising KC Cottrell Co Ltd and Others v Santam Limited and Others (2023/000702) [2024] ZAGPJHC 598 (26 June 2024)
The court found that the interim order restraining Santam from making payment under the performance guarantee is not appealable as it does not meet the Zweni criteria of finality, definitiveness, or disposal of substantial relief. Recent jurisprudence allows for appealability based on the interests of justice, but the applicant failed to demonstrate any constitutional interest or irreparable harm. The plant is complete, and the employer is deriving income, so the prejudice that might justify immediate payment does not exist. The finding of fraud further weighs against granting leave to appeal…
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Molwantwa v Van Vuuren and Others (Leave to Appeal) (M133/2021) [2023] ZANWHC 203 (31 October 2023)
The High Court dismissed leave to appeal against an interim order removing the matter from the roll, finding no reasonable prospects of success and awarding costs.
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