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South Africa decisions
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S.A.H. v S.B.H. (2025/038564) [2025] ZAGPJHC 538 (5 June 2025)
The High Court upheld an automatic appeal and suspended a relocation order pending appeal, finding no exceptional circumstances or irreparable harm under section 18(3).
Motete v Dlamini and Another (2025/040717) [2025] ZALCJHB 155 (24 April 2025)
The Labour Court struck an urgent section 18 application from the roll, finding the application was self-created urgency and that no irreparable harm was shown.
PTPC (Pty) Limited v City of Tshwane Metropolitan Municipality and Another (117036/2024) [2025] ZAGPPHC 308 (28 March 2025)
The High Court struck an urgent application from the roll for lack of urgency where PTPC sought execution of a spoliation order pending leave to appeal.
Sibanye Gold Limited and Others v Valuation Appeal Board for Rand West City Local Municipality and Others (2022/043793) [2025] ZAGPJHC 276 (13 March 2025)
Appeal against a section 18 execution order was dismissed, with the court upholding immediate execution pending the outcome of the valuation appeal process.
Hoshoza Resources Vryheid (Pty) Ltd v Julovista (Pty) Ltd and Others (2024/080004) [2025] ZAGPPHC 103 (3 February 2025)
The court found that the applicant failed to establish exceptional circumstances justifying execution of the interdict order pending appeal under section 18(3) of the Superior Courts Act. The applicant's reliance on video and photographic evidence was rejected due to inadmissibility and procedural defects. The court distinguished the present case from Omaruru Minerals, noting that the respondent's possession was based on a contractual agreement rather than unlawful spoliation. The court held that the applicant would not suffer irreparable harm pending the outcome of the appeal, as damages cou…
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Meintjes and Meintjes Rekenmeesters CC v Annandale and Another (A177/2020) [2024] ZAGPPHC 1342 (6 December 2024)
The High Court dismissed an application to execute an order pending appeal, finding no exceptional circumstances or proven irreparable harm. Condonation for late affidavits was granted.
Maraba and Others v Head of Prison: Kgosi Mampuru Correctional Facility (095695/2024) [2024] ZAGPPHC 1080 (23 October 2024)
The High Court granted execution pending appeal, finding unlawful prisoner transfers, exceptional circumstances, and irreparable harm to the applicants.
Penxa v Central Karoo District Municipality and Others (4913/24) [2024] ZAWCHC 300 (10 October 2024)
High Court granted execution of a municipal manager judgment pending appeal, finding urgency, exceptional circumstances, and irreparable harm to public administration.
City of Johannesburg Metropolitan Municipality and Others v Idola (Pty) Ltd and Another (0004168/2024) [2024] ZAGPJHC 1019 (9 October 2024)
The court found that the applicants failed to establish any reasonable prospects of success on appeal. The previous court orders interdicting the City from disconnecting electricity supply without a court order remain unchallenged and have not been appealed. The facts of Rademan v Moqhaka Local Municipality are distinguishable, as the present dispute concerns calculation of the municipal account, not non-payment. The City has repeatedly disregarded court orders, amounting to exceptional circumstances justifying execution of the orders pending appeal. The respondents demonstrated that they wou…
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Boy No 50 Trading (Pty) Limited v BP Southern Africa (Pty) Limited and Another (A2024/089753) [2024] ZAGPJHC 917 (12 September 2024)
The court held that the section 18(3) application was properly determined by the court a quo, as the Superior Courts Act does not require a pending application for leave to appeal for such an application to be heard. The arbitration clause in the lease agreement did not preclude urgent court relief, as it expressly allowed parties to approach the court for urgent relief or judgment on a liquid claim at any time. The appellant's attempt to introduce new evidence on appeal failed because the evidence was not practically conclusive, was unrelated to the premises in question, and was not properly…
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