South Africa Case Law

Shema v Ditsobotla Local Municipality and Another (J 1625/23)

Shema v Ditsobotla Local Municipality and Another (J 1625/23) [2024] ZALCJHB 151 (2 April 2024)

Court

Labour Court Johannesburg

Case number

J 1625/23

Judge

Ngwenya

The court found that the applicant's employment contract was revived by a valid settlement agreement, which remains in force until set aside. The respondent's refusal to allow the applicant to render services was unlawful, as the employment relationship persists and the respondent cannot rely on the original dismissal. The requirements for specific performance were met, and the respondent failed to demonstrate any operational or relational impediment to reinstatement. However, the applicant did not establish exceptional circumstances required for leave to execute the previous order pending ap…

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• Specific Performance
• Employment Contract Enforcement
• Urgent Application
• Leave To Execute
• Settlement Agreement
• Unfair Dismissal

ABSA Bank Limited v Maluka and Another (2022-015043)

ABSA Bank Limited v Maluka and Another (2022-015043) [2023] ZAGPJHC 1157 (16 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2022-015043

Judge

S D J Wilson

The court postponed ABSA’s application to execute against a mortgaged home, finding execution disproportionate for now and ordering interim monthly payments.

• Leave To Execute
• Mortgage Enforcement
• Proportionality In Execution
• Debtor Protection
• Leave-to-execute
• Mortgage-enforcement

Mikeva Cash and Carry (Pty) Ltd and Another v Marx (J3380/17)

Mikeva Cash and Carry (Pty) Ltd and Another v Marx (J3380/17) [2017] ZALCJHB 493 (22 December 2017)

Court

Labour Court Johannesburg

Case number

J3380/17

Judge

Tlhotlhalemaje

The Labour Court held that its earlier restraint order was immediately operative pending appeal, citing exceptional circumstances and ongoing harm to the applicants.

• Restraint Of Trade
• Leave To Execute
• Urgent Interdict
• Confidential Information
• Irreparable Harm
• Restraint-of-trade

Luxor Paints (Pty) Ltd v Lloyd (J1265/16)

Luxor Paints (Pty) Ltd v Lloyd (J1265/16) [2016] ZALCJHB 505; (2017) 38 ILJ 1149 (LC); [2017] 7 BLLR 700 (LC) (9 December 2016)

Court

Labour Court Johannesburg

Case number

J1265/16

Judge

Van Niekerk

The court held that the Labour Court is a superior court within the meaning of the Superior Courts Act. There is no specific provision in the Labour Relations Act or the Labour Court Rules that conflicts with section 18 of the Superior Courts Act regarding the suspension of orders pending appeal. Therefore, section 18 applies, and the first respondent’s notice of appeal and petition for leave to appeal automatically suspended the operation of the restraint of trade order. As a result, the first respondent could not be held in contempt of court for failing to comply with the order while the ap…

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• Restraint Of Trade
• Contempt Of Court
• Leave To Execute
• Suspension Pending Appeal

Minister of Justice And Constitutional Development v Herman and Another (67151/2013)

Minister of Justice And Constitutional Development v Herman and Another (67151/2013) [2013] ZAGPPHC 485 (19 December 2013)

Court

North Gauteng High Court, Pretoria

Case number

67151/2013

Judge

S P Mothle

The court granted leave to execute an earlier removal order against a sheriff pending appeal, finding no prospects of success and limited prejudice to the respondent.

• Leave To Execute
• Rule 49 11
• Sheriff Removal
• Costs Award
• Leave-to-execute
• Rule-49-11

Silvermoon Investments 278 CC v Slipknot Investments 777 (Pty) Ltd and Another (2142/2012)

Silvermoon Investments 278 CC v Slipknot Investments 777 (Pty) Ltd and Another (2142/2012) [2012] ZAECGHC 106 (28 December 2012)

Court

Eastern Cape High Court, Grahamstown

Case number

2142/2012

Judge

J M Roberson

The court found that the applicant had established considerable prejudice due to delays in execution, which threatened the viability of its development and contractual arrangements. The respondent's arguments regarding the in duplum rule and constitutional invalidity were not persuasive, as the rule is entrenched in positive law and its retrospective invalidity would cause chaos and be unjust. The prospects of success on appeal were not sufficient to outweigh the prejudice to the applicant. The court exercised its discretion to grant leave to execute the order, compelling the respondent to de…

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• Leave To Execute
• In Duplum Rule
• Mortgage Bond Cancellation
• Constitutional Invalidity
• Bank Guarantee
• Public Policy

Service Sector Education and Training Authority and Others v Minister of Higher Education and Training and Others (J 677/2011)

Service Sector Education and Training Authority and Others v Minister of Higher Education and Training and Others (J 677/2011) [2011] ZALCJHB 219 (1 June 2011)

Court

Labour Court Johannesburg

Case number

J 677/2011

Judge

Gush

The Labour Court refused leave to appeal and allowed execution of its judgment setting aside the administrator appointment and related Government Notice.

• Skills Development Act
• Appointment Of Administrator
• Government Notice Review
• Leave To Execute
• Consultation Requirements
• Leave-to-appeal

Overberg District Municipality and Others v Premier Of Western Cape and Others (16166/2010)

Overberg District Municipality and Others v Premier Of Western Cape and Others (16166/2010) [2010] ZAWCHC 533 (8 November 2010)

Court

Western Cape High Court, Cape Town

Case number

16166/2010

Judge

Bozalek

The High Court granted leave to appeal and allowed its earlier order reinstating Overberg District Municipality’s council to be implemented pending appeal.

• Section 139 Intervention
• Municipal Dissolution
• Urgent Application
• Leave To Execute
• Local Government Budget
• Democratic Governance

Swartland Municapality v Louw NO and Others (13703/09)

Swartland Municapality v Louw NO and Others (13703/09) [2010] ZAWCHC 196 (1 September 2010)

Court

Western Cape High Court, Cape Town

Case number

13703/09

Judge

A Le Grange

The High Court granted leave to appeal and leave to execute pending appeal in a mining-related interdict dispute involving whether LUPO is a relevant law under the MPRDA.

• Mining Rights
• Municipal Land Use Regulation
• Interpretation Of Statutes
• Interdicts
• Leave To Execute
• Leave-to-appeal

National Police Services Union v National Commissioner of the National Police Service and Others (J1891/99)

National Police Services Union v National Commissioner of the National Police Service and Others (J1891/99) [1999] ZALCJHB 1 (4 June 1999)

Court

Labour Court Johannesburg

Case number

J1891/99

Judge

G J Marcus

The Labour Court dismissed an urgent application to restore a police union’s organisational rights pending appeal, finding no sufficient basis to suspend the earlier decision.

• Interim Interdict
• Suspension Of Decision Pending Appeal
• Leave To Execute
• Organisational Rights
• Trade Union Recognition
• Interim-interdict