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South Africa decisions
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Dell v Demajistre and Others (Reasons) (A187/2024) [2025] ZAGPPHC 206 (12 March 2025)
The High Court held that an order striking a matter from the roll is not final and therefore not appealable. The appeal was not entertained and the matter was removed from the roll.
Road Accident Fund v Mlotha and Another (Leave to Appeal) (25040/2022) [2024] ZAGPPHC 1305 (10 December 2024)
The High Court dismissed the Road Accident Fund’s leave-to-appeal application because the underlying order was not final in effect and was therefore not appealable.
Datawallet (Pty) Ltd and Another v Thamani Mobile (Pty) Ltd and Others (2024/090086) [2024] ZAGPPHC 1215 (25 November 2024)
The court found that although the order granted by Teffo J was framed as an interim interdict, it was final in effect as it determined the rights to the core clients and the business relationship between the parties. The breakdown in trust and the determinative nature of the order rendered it final for purposes of suspension under section 18(2) of the Superior Courts Act. Consequently, the application for leave to appeal suspended the operation of the order. Regarding the application for interim implementation under section 18(3), the applicants failed to discharge the onus of proving that th…
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Nicolosi NO and Others v Rose and Others (3631/2018) [2023] ZAGPJHC 1448 (12 December 2023)
The court found that the order dismissing the condonation application was not appealable because it did not dispose of the main disputes between the parties nor deprive the respondents of the right to pursue their proposed counter-application in separate proceedings. Even if the order were appealable, the respondents failed to demonstrate reasonable prospects of success or compelling reasons for the appeal to be heard. The court exercised its discretion judicially and found no sound or rational basis for another court to reach a different conclusion. Accordingly, the application for leave to…
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TWK Agriculture Holdings (Pty) Ltd v Hoogveld Boerderybeleggings (Pty) Ltd and Others (273/2022) [2023] ZASCA 63; 2023 (5) SA 163 (SCA) (5 May 2023)
The Supreme Court of Appeal held that the dismissal of exceptions by the full court is not appealable because such orders lack finality; the trial court retains the power to reconsider the legal issues at trial. The doctrine of finality, as articulated in Zweni and affirmed in Maize Board, remains the central principle for determining appealability. The interests of justice standard, while relevant for the Constitutional Court, is not the appropriate criterion for the Supreme Court of Appeal, as it would undermine certainty and the orderly discharge of appellate functions. The only recognised…
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Christo Strydom Nutrition v Univeristy of The Free State (LTA 2433/2019) [2022] ZAFSHC 293 (1 November 2022)
The High Court granted leave to appeal against an order upholding an exception, finding the challenged rulings on both defences were final enough to be appealable.
Cassim NO and Another v Quickstep 684 (Pty) Limited (89103/2019) [2021] ZAGPPHC 625 (16 September 2021)
The High Court refused leave to appeal against a liquidation order, finding no reasonable prospect that another court would reach a different result.
Safintra South Africa (Pty) Ltd v Prince (CA 15/2020) [2021] ZAECGHC 17 (22 February 2021)
The court held that the learned acting judge was functus officio after delivering the ex tempore order on 22 February 2018 and had no authority to issue a subsequent judgment materially amending that order. The subsequent judgment was therefore null and void. The principle of finality of judgments and the rule of law require that once a final order is made, the court's jurisdiction over the matter ceases. The convening of the full court to address the subsequent judgment was unnecessary, as the invalid judgment had no legal standing. Accordingly, the appeal was struck off the roll with no ord…
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Oroni and Another v Cruise International SA (Pty) Ltd In Re: Cruise International v Oroni and Another (44762/2017) [2020] ZAGPJHC 293 (29 May 2020)
The High Court dismissed leave to appeal against an interlocutory discovery order, holding the order was not final and did not justify an immediate appeal.
Mamulo Trading and Projects v Johannesburg Road Agency and Another (38169/2019) [2020] ZAGPJHC 153 (11 February 2020)
The court found that the order striking the matter from the roll was not final, did not dispose of any rights, and did not address the merits of the dispute. Therefore, it was not appealable. The applicant's counsel failed to demonstrate any new facts justifying urgency and attempted to mislead the court regarding previous proceedings. The application for leave to appeal was dismissed, and a punitive costs order de bonis propriis was imposed on applicant's counsel for abuse of process and unsatisfactory conduct as an officer of the court.
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