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South Africa decisions
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Arnold v Cowen and Another (4523/2022) [2025] ZAGPJHC 653 (27 June 2025)
The High Court dismissed an application for leave to appeal, finding the challenged order interlocutory, the new evidence inadmissible, and the threshold unmet.
Maviyo v Velocity Finance (RF) Limited (4424/2023) [2025] ZAECMKHC 52 (19 June 2025)
Leave to appeal was refused in a document-production dispute under rules 35(12) and 35(14), because relevance and appealability were not shown.
S.A.T v G.J.T and Others (Application for Leave to Appeal) (2019/22224) [2025] ZAGPJHC 588 (12 June 2025)
The court found that its previous judgment and order were not final and did not dispose of the main issues in the application to compel, rendering them not appealable. The respondents failed to demonstrate any reasonable prospects of success on appeal, as their grounds were either based on materially distinguishable facts or misapplied legal principles. The court held that the application for leave to appeal was not bona fide and constituted a further attempt to delay compliance with subpoenas and disclosure of documents. The costs order on an attorney and client scale was justified by the re…
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Ewels v Francis and Others (Leave to Appeal) (6497/2022) [2025] ZAWCHC 113 (17 March 2025)
The High Court dismissed leave to appeal against an interlocutory discovery order, finding no appealability and no reasonable prospects of success.
Candice v Road Accident Fund (34591/2020) [2025] ZAGPJHC 310 (25 February 2025)
The court held that the refusal to grant default judgment is interlocutory in nature and does not have the effect of a final order. Therefore, such refusal is not appealable. The court found that there is nothing preventing the plaintiff from placing the matter back on the default judgment roll with a proper application and service on the defendant, in accordance with the Judge President’s directives. The application for leave to appeal did not meet the requirements of section 17(1) of the Superior Courts Act, as there was no reasonable prospect of success.
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Van Rooyen v Minister of Police and Others (2020/30452) [2025] ZAGPJHC 158 (20 February 2025)
The court found that the interlocutory orders previously granted in favour of the applicant were erroneously made due to non-compliance with Section 3 of the ILPACOS Act and absence of condonation. The court is not bound by such orders and must ensure procedural regularity and compliance with statutory requirements. The order striking the application for default judgment off the roll does not amount to a rescission of interlocutory orders and is not definitive on the merits. The applicant failed to demonstrate reasonable prospects of success or any compelling reason for leave to appeal. The i…
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Director of Public Prosecutions, Gauteng Division v Matsepe and Others (CC11/2021) [2025] ZAGPPHC 20; 2025 (2) SACR 86 (GP) (6 January 2025)
The court held that section 319(1) of the Criminal Procedure Act requires that questions of law must arise 'on the trial', which is interpreted to mean after arraignment and plea. In this matter, no plea had been entered and the separation order under section 157 of the CPA was interlocutory, not final or definitive, and thus not appealable. The applicant failed to comply with the strict procedural requirements for reservation of questions of law, including proper framing and factual foundation. The authorities cited by the applicant did not support the proposition that section 319(1) is avai…
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State Attorney Pretoria and Others v Sampson (14785/22) [2024] ZAGPPHC 1276 (5 December 2024)
The High Court rescinded a default order upholding special pleas and exceptions because it was interlocutory, unclear, and impossible to implement.
Buffelsdrift Wild and Nature Reserve (Pty) Ltd v Magalies Water Board (44776/2021) [2024] ZAGPPHC 1185 (19 November 2024)
The High Court refused condonation for a late leave to appeal application, finding the delay unsatisfactorily explained and the proposed appeal fatally defective.
Nortje v Du Toit (AR414/2023) [2024] ZAKZPHC 97 (1 November 2024)
High Court appeal in a discovery dispute was dismissed because the refusal to compel further discovery was not appealable and the requested documents were irrelevant.
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