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South Africa decisions
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Frecton v University of Limpopo Senate and Others (HCAA31/2024) [2024] ZALMPPHC 191 (27 November 2024)
The High Court dismissed an appeal against refusal of a section 18 application to enforce an earlier order pending appeal, finding no automatic right of appeal or proof of irreparable harm.
South African Legal Practice Council v Van Rensburg and Another (3938/2023) [2024] ZAMPMBHC 20 (3 April 2024)
The High Court uplifted the automatic suspension of its prior order pending appeal, finding exceptional circumstances and irreparable harm under section 18.
Sheriff of the High Court, Giyani v Makhubele - Appeal (HCAA15/2023) [2023] ZALMPPHC 109 (26 October 2023)
The court found that the August order granted by the court a quo was not competent under section 18 of the Superior Courts Act, as it did not address the suspension or putting into operation of the July order as contemplated by the statute. The learned judge was functus officio and restricted to determining whether the July order should be put into effect or not. The applicant failed to prove exceptional circumstances or that irreparable harm would result if the July order was not put into operation. The respondent, as an officer of the court, had provided adequate security for the proceeds b…
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Erstwhile Tenants of Williston Court and Another v Lewray Investments (Pty) Ltd and Another (17119/15) [2015] ZAGPJHC 233; 2016 (6) SA 466 (GJ) (10 September 2015)
The High Court held that a rescission application does not automatically suspend execution under section 18 of the Superior Courts Act.
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