South Africa Case Law

Minister of Justice, Constitutional Development and Correctional Services and Others v Kramer and Another (A2024/013109)

Minister of Justice, Constitutional Development and Correctional Services and Others v Kramer and Another (A2024/013109) [2024] ZAGPJHC 388; 2024 (2) SACR 351 (GJ) (27 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2024/013109

Judges

Wright, PP Makume, PP Weideman

The High Court does not have jurisdiction under section 18 of the Superior Courts Act to enforce or declare operational an order of the Supreme Court of Appeal pending an appeal to the Constitutional Court. The inherent power to regulate and protect a court's own process is vested in each court for its own proceedings, and the SCA alone has jurisdiction to enforce its orders. Section 42 of the Superior Courts Act concerns the execution of process, not the jurisdiction to implement or suspend orders pending appeal. Allowing provincial divisions to enforce SCA orders would risk inconsistent out…

Source excerpt

• Superior Courts Act Section 18
• Jurisdiction Of High Court
• Execution Of Orders
• Constitutional Court Appeals
• Interlocutory Relief
• Enforcement Of Sca Orders

W.D.H v S and Others (2022-026981)

W.D.H v S and Others (2022-026981) [2023] ZAGPJHC 197 (3 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022-026981

Judge

R M Keightley

The court found that the order of 11 January 2023 was interlocutory in nature, as it was intended to operate pending a report from the Family Advocate and did not constitute a final determination of primary residence, care, or contact. Accordingly, section 18(1) of the Superior Courts Act did not apply, and the execution of the order was not suspended by the applicant's lodging of an application for leave to appeal. The South African Police Service acted lawfully in executing the order. Furthermore, the application was moot as the order had already been executed and the children had been retu…

Source excerpt

• Interim Custody
• Best Interests Of Child
• Superior Courts Act Section 18
• Execution Of Orders
• Urgent Interdict

MultiChoice Support Services (Pty) Ltd v Calvin Electronics t/a Batavia Trading and Another (296/2020; 226/2021)

MultiChoice Support Services (Pty) Ltd v Calvin Electronics t/a Batavia Trading and Another (296/2020; 226/2021) [2021] ZASCA 143 (8 October 2021)

Court

Supreme Court of Appeal

Case number

296/2020; 226/2021

Judges

Mbha, Schippers, Potterill, Phatshoane, Molefe

The SCA held that MultiChoice’s termination of private contracts was not reviewable administrative action, and set aside contempt and execution orders.

• Contract Cancellation
• Interdicts
• Contempt Of Court
• Execution Of Orders
• Reviewability Of Private Contracts
• Contract-cancellation