Ngqula v South African Airways (Pty) Ltd (775/11)
Ngqula v South African Airways (Pty) Ltd (775/11) [2012] ZASCA 120; 2013 (1) SA 155 (SCA) (19 September 2012)
The Supreme Court of Appeal held that an order authorising the removal of proceedings under section 3 of the Interim Rationalisation of High Courts Act is a simple interlocutory order and not appealable. The order does not dispose of any portion of the relief claimed in the main proceedings and does not have final effect on the rights of the parties. The appellant's argument that removal prejudiced his prescription defence was rejected, as prescription must be tested when pleaded, not at the removal stage. The court emphasised that the purpose of section 3 is procedural, enabling transfer to…
Source excerpt
- Interim Rationalisation Of High Courts Act
- Appealability Of Interlocutory Orders
- Jurisdiction Clauses
- Removal Of Proceedings
- Prescription Defence