South Africa Case Law

Homii Lifestye (Pty) Ltd and Another v Unemployment Insurance Fund and Another (Appeal) (134443/2023)

Homii Lifestye (Pty) Ltd and Another v Unemployment Insurance Fund and Another (Appeal) (134443/2023) [2025] ZAGPJHC 640 (17 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

134443/2023

Judges

Brand, Mlambo, Barnardt

The Court held that the appellants could not be granted leave to rely on section 45 of the Companies Act or introduce new evidence on appeal, as the defence was not covered by the pleadings, its admission would be unfair to the respondents, and it was not in the interests of justice. The evidence sought to be introduced was not shown to be true on its face and lacked a cogent explanation for its late introduction. Regarding the section 18(3) enforcement order, the Court found that exceptional circumstances existed due to the public nature of the UIF and PIC, the risk to substantial public fun…

Source excerpt

• Enforcement Pending Appeal
• Section 18 Superior Courts Act
• Financial Assistance By Company
• Section 45 Companies Act
• Introduction Of New Evidence On Appeal

O.K.M.M v L.M.P.M and Another (2025/040036)

O.K.M.M v L.M.P.M and Another (2025/040036) [2025] ZAGPPHC 464 (25 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025/040036

Judge

Yende

High Court enforced a prior spoliation order pending appeal, finding exceptional circumstances and irreparable harm to the applicant.

• Enforcement Pending Appeal
• Spoliation
• Urgent Interdict
• Irreparable Harm
• Exceptional Circumstances
• Enforcement-pending-appeal

Blom and Others v Modiboa and Another (M364/2022)

Blom and Others v Modiboa and Another (M364/2022) [2024] ZANWHC 4 (5 January 2024)

Court

North West High Court, Mafikeng

Case number

M364/2022

Judge

FMM Reid

The High Court granted leave to appeal against an eviction order but refused to enforce that order pending appeal, finding no exceptional circumstances or irreparable harm.

• Leave To Appeal
• Eviction
• Retention Right
• Material Breach
• Just And Equitable Eviction
• Enforcement Pending Appeal

Maponya and Another v South African Legal Council

Maponya and Another v South African Legal Council [2023] ZAGPPHC 144; 48141/21 (27 February 2023)

Court

North Gauteng High Court, Pretoria

Case number

48141/21

Judge

D. Makhoba

The High Court granted immediate enforcement of a suspension order pending appeal, finding urgency and irreparable harm under section 18 of the Superior Courts Act.

• Enforcement Pending Appeal
• Irreparable Harm
• Superior Courts Act Section 18
• Enforcement-pending-appeal
• Irreparable-harm
• Superior-courts-act-section-18

Newnet Properties (Pty) Ltd t/a Sunshine Hospital v Road Accident Fund and Another (006088/2022)

Newnet Properties (Pty) Ltd t/a Sunshine Hospital v Road Accident Fund and Another (006088/2022) [2022] ZAGPPHC 997 (13 September 2022)

Court

North Gauteng High Court, Pretoria

Case number

006088/2022

Judge

N Janse Van Nieuwenhuizen

Section 18 relief was granted to enforce a payment order against the RAF pending appeal, after the court found exceptional circumstances and irreparable harm to patients.

• Section 18 Application
• Enforcement Pending Appeal
• Road Accident Fund Act
• Exceptional Circumstances
• Irreparable Harm
• Section-18-applications

South African Women in Mining Investment Holdings (Pty) Ltd v Molobye and Others (3445/2019)

South African Women in Mining Investment Holdings (Pty) Ltd v Molobye and Others (3445/2019) [2021] ZAGPJHC 695 (17 November 2021)

Court

South Gauteng High Court, Johannesburg

Case number

3445/2019

Judge

S Yacoob

The High Court refused to enforce its judgment pending appeal, finding no exceptional circumstances and insufficient proof of irreparable harm.

• Enforcement Pending Appeal
• Irreparable Harm
• Exceptional Circumstances
• Superior Courts Act Section 18
• Enforcement-pending-appeal
• Irreparable-harm

National Director Of Public Prosecutions v Magogodela (HCAA04/2019)

National Director Of Public Prosecutions v Magogodela (HCAA04/2019) [2019] ZALMPPHC 14 (15 April 2019)

Court

Limpopo High Court, Polokwane

Case number

HCAA04/2019

Judges

GC Muller, EM Makgoba, M Mangena

The High Court set aside an urgent order enforcing a judgment pending leave to appeal, holding that exceptional circumstances and irreparable harm were not proven under section 18.

• Enforcement Pending Appeal
• Exceptional Circumstances
• Irreparable Harm
• Superior Courts Act Section 18
• Enforcement-pending-appeal
• Exceptional-circumstances