South Africa Case Law

Kramer and Another v Minister of Justice, Constitutional Development and Correctional Services and Others (2023/126318)

Kramer and Another v Minister of Justice, Constitutional Development and Correctional Services and Others (2023/126318) [2024] ZAGPJHC 15 (9 January 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/126318

Judge

Pullinger AJ

The court found that the applicants had established exceptional circumstances and irreparable harm as required by section 18(3) of the Superior Courts Act. The Supreme Court of Appeal's interim order was specifically designed to protect the applicants' constitutional right to further education during the period before a new policy is promulgated. The respondents failed to demonstrate any irreparable harm that would result from implementing the interim order, while the applicants would suffer irreparable harm through the loss of study time and academic opportunity. The court rejected the respo…

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• Right To Education
• Contempt Of Court
• Section 18 Superior Courts Act
• Interim Enforcement
• Prisoners Rights

Helen Suzman Foundation and Another v Minister of Home Affairs and Others (32323/2022)

Helen Suzman Foundation and Another v Minister of Home Affairs and Others (32323/2022) [2023] ZAGPPHC 1896 (6 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

32323/2022

Judges

C Collis, G Malindi, M Motha

The court dismissed an application for declaratory enforcement, holding that its earlier interim ZEP order was not final and was already protected by section 18(2).

• Interim Enforcement
• Declaratory Relief
• Immigration Act
• Superior Courts Act
• Bill Of Rights Protection
• Interim-enforcement

L.B v M.B (2023-046143)

L.B v M.B (2023-046143) [2023] ZAGPPHC 617 (31 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

2023-046143

Judge

E van der Schyff

The High Court dismissed an urgent section 18(3) application to enforce a maintenance order pending appeal, finding no exceptional circumstances or irreparable harm.

• Maintenance Obligations
• Interim Enforcement
• Exceptional Circumstances
• Irreparable Harm
• Urgent Application
• Section-18-3

Rand Water SOC Ltd v SAMWU obo Members and Others (J491/21)

Rand Water SOC Ltd v SAMWU obo Members and Others (J491/21) [2021] ZALCJHB 81; (2021) 42 ILJ 1753 (LC) (31 May 2021)

Court

Labour Court Johannesburg

Case number

J491/21

Judge

D Mahosi

The court found that exceptional circumstances existed because the respondents intended to proceed with an unprotected strike in direct defiance of a court order, and the applicant would be left without remedy if interim enforcement was not granted. The applicant, as a provider of essential services, would suffer irreparable harm due to disruption of water supply, especially during the Covid-19 pandemic, affecting vulnerable communities. The respondents would not suffer irreparable harm, as their right to strike would only be suspended pending the outcome of the appeal. The requirements of se…

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• Interim Enforcement
• Unprotected Strike
• Essential Services
• Leave To Appeal
• Irreparable Harm

Myeni v Organisation Undoing Tax Abuse and Another; Organisation Undoing Tax Abuse and Another v Myeni and Another (15996/2017)

Myeni v Organisation Undoing Tax Abuse and Another; Organisation Undoing Tax Abuse and Another v Myeni and Another (15996/2017) [2020] ZAGPPHC 779 (22 December 2020)

Court

North Gauteng High Court, Pretoria

Case number

15996/2017

Judge

R G Tolmay

The High Court refused leave to appeal and ordered immediate enforcement of Ms Myeni’s delinquency order pending appeal, finding exceptional circumstances and no irreparable harm.

• Leave To Appeal
• Interim Enforcement
• Delinquency Of Director
• Fiduciary Duties
• Separation Of Powers
• Constitutional Challenge

Member of the Executive Council for Co-operative Governance, Human Settlements and Traditional Affairs (COGHSTA) and Others v Mogalakwena Municipality and Another (89657/2014)

Member of the Executive Council for Co-operative Governance, Human Settlements and Traditional Affairs (COGHSTA) and Others v Mogalakwena Municipality and Another (89657/2014) [2016] ZAGPPHC 1167; 2017 (2) SA 464 (GP) (10 November 2016)

Court

North Gauteng High Court, Pretoria

Case number

89657/2014

Judges

Ranchod, Fabricius, J.W Louw

The High Court held that the “next highest court” under section 18(4) of the Superior Courts Act is the Full Court of the Division, and set aside interim enforcement.

• Superior Courts Act Section 18
• Interim Enforcement
• Exceptional Circumstances
• Irreparable Harm
• Municipal Manager Reinstatement
• Superior-courts-act-section-18

Tubular Holdings (Pty) Ltd v DBT Technologies (Pty) Ltd (06757/2013)

Tubular Holdings (Pty) Ltd v DBT Technologies (Pty) Ltd (06757/2013) [2013] ZAGPJHC 155; 2014 (1) SA 244 (GSJ) (3 May 2013)

Court

South Gauteng High Court, Johannesburg

Case number

06757/2013

Judge

DTvR Du Plessis

The court held that the FIDIC dispute resolution mechanism requires parties to promptly give effect to a DAB decision, which is binding unless and until revised by arbitration or agreement. The issuance of a notice of dissatisfaction does not suspend this obligation; it merely triggers the right to seek revision in arbitration. The court found the contractual wording clear and consistent with industry practice and previous judgments, including Bombela, Stocks & Stocks, and Freeman NO v Eskom Holdings. The DAB's determination that the subcontract is re-measurable applies to the entire contract…

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• Fidic Conditions Of Contract
• Dispute Adjudication Board
• Interim Enforcement
• Arbitration Clause
• Construction Contracts