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South Africa decisions
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DOT Office Supplies (Pty) Ltd v Badroonisha and Others (2025/114793) [2025] ZALCJHB 329 (28 July 2025)
The Labour Court refused to make a restraint-of-trade judgment immediately executable pending appeal because the applicant failed to show no irreparable harm to the respondent.
Sable Place Properties 106 (Pty) Ltd and Others v Visa Security Group (Pty) Ltd and Another (097988/2025) [2025] ZAGPPHC 760 (18 July 2025)
The court granted a section 18 application, keeping an urgent interdict operative pending appeal and awarding costs, including wasted costs, against the first respondent.
Moqhaka Local Municipality and Another v Tshabalala (JA7/25) [2025] ZALAC 36 (11 June 2025)
The Labour Appeal Court dismissed a section 18 appeal and upheld execution of a reinstatement order pending a Constitutional Court appeal.
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).
Bayer v Polkadraai Nursery Proprietary Limited (18728/2024) [2025] ZAWCHC 232 (2 June 2025)
The High Court dismissed an urgent interdict application against a proposed business sale, finding that the sale did not threaten the applicant’s shareholding.
Mgwenya and Another v NMI Durban South Motors (Pty) Ltd t/a Garden City Motors Mbombela and Another (525/2023) [2025] ZAMPMBHC 44 (30 May 2025)
The High Court granted a partial stay of execution of a costs order, suspending attachment of the applicants’ right of action pending finalisation of the main action.
Small v Centurion Country Club (Pty) Ltd and Another (133295/2024) [2025] ZAGPPHC 520 (29 May 2025)
The applicant established a prima facie right to protection from unreasonable risk posed by the design of the 12th hole as a par 5. Photographic and factual evidence demonstrated that the risk of bodily injury and property damage was real and not merely speculative. The respondent's statistics did not negate the applicant's reasonable apprehension of harm, especially given the history of incidents and the flawed design acknowledged by the respondent. The balance of convenience favoured the applicant, as the interim relief would prevent further harm pending final determination. There was no ad…
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Peteke v Khumalo and Others (2025-009348) [2025] ZAGPPHC 447 (6 May 2025)
The court found that the applicant established a prima facie right to the relief sought, based on evidence of a customary marriage and joint estate, including proof of lobola negotiations and cohabitation. The risk of irreparable harm through dissipation of estate assets was real and imminent. The balance of convenience favoured the applicant, who stood to suffer greater prejudice if the interdict was not granted, while the respondents would not be unduly prejudiced by a temporary suspension of estate administration. The applicant had no alternative remedy. The respondents' administration of…
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O.K.M.M v L.M.P.M and Another (2025/040036) [2025] ZAGPPHC 464 (25 April 2025)
High Court enforced a prior spoliation order pending appeal, finding exceptional circumstances and irreparable harm to the applicant.
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.
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