South Africa Case Law

Buhle Waste (Pty) Limited v MEC of Health Gauteng Province and Others (2023/102560)

Buhle Waste (Pty) Limited v MEC of Health Gauteng Province and Others (2023/102560) [2024] ZAGPJHC 493; 2025 (2) SA 163 (GJ) (22 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/102560

Judge

Cajee

The court held that the dismissal of the application to execute the order pending appeal is interlocutory and not final in effect, and thus not appealable unless the applicant can show finality. The applicant failed to provide evidence of undue delay or irreparable harm that would render the order final. The risk of the appeal process rendering the relief academic does not make the order final. The requirements for leave to appeal under section 17 of the Superior Courts Act were not met, as there were no reasonable prospects of success or exceptional circumstances. On costs, the court applied…

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• Leave To Execute Pending Appeal
• Interlocutory Orders
• Costs Awards
• Uniform Rules Of Court
• Party And Party Costs
• Scale Of Costs

Justice for All Workers of South Africa v Registrar of Labour and Another (J930-23)

Justice for All Workers of South Africa v Registrar of Labour and Another (J930-23) [2024] ZALCJHB 87 (27 February 2024)

Court

Labour Court Johannesburg

Case number

J930-23

Judge

Prinsloo

The court found that the applicant failed to establish exceptional circumstances as required by section 18(3) of the Superior Courts Act. The evidence showed that the Registrar did provide the applicant with an opportunity to remedy its application, contradicting the applicant's claim. The applicant did not address prospects of success or the balance of convenience, nor did it provide sufficient facts to meet the heavy onus imposed by section 18(3). The harm alleged by the applicant was not exceptional but rather the natural consequence of operating as an unregistered trade union. As the appl…

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• Trade Union Registration
• Leave To Execute Pending Appeal
• Exceptional Circumstances
• Irreparable Harm
• Costs Award

Mix Telematics Africa (PTY) Ltd v Soekoe and Others (J 10/2022)

Mix Telematics Africa (PTY) Ltd v Soekoe and Others (J 10/2022) [2022] ZALCJHB 286 (18 October 2022)

Court

Labour Court Johannesburg

Case number

J 10/2022

Judge

Van Niekerk

The Labour Court dismissed an application under section 18 of the Superior Courts Act to let an order operate pending appeal, finding no proper basis for irreparable harm.

• Restraint Of Trade
• Confidentiality Undertakings
• Contempt Of Court
• Leave To Execute Pending Appeal
• Irreparable Harm
• Exceptional Circumstances

Tomma and Another v Ramoshai and Others (2021/13962)

Tomma and Another v Ramoshai and Others (2021/13962) [2021] ZAGPJHC 171 (14 May 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2021/13962

Judge

E F Dippenaar

The High Court granted leave to execute an eviction order pending appeal, finding exceptional circumstances, irreparable harm to the applicants, and no comparable prejudice to the respondents.

• Eviction Order
• Urgent Interdict
• Leave To Execute Pending Appeal
• Prevention Of Illegal Eviction Act
• Exceptional Circumstances
• Irreparable Harm

Fortein NO v Sumeil (Pty) Ltd and Others (576/2020)

Fortein NO v Sumeil (Pty) Ltd and Others (576/2020) [2020] ZAFSHC 59 (12 March 2020)

Court

Free State High Court, Bloemfontein

Case number

576/2020

Judge

P.J. Loubser

The court allowed the liquidator to execute an earlier order pending appeal, finding exceptional circumstances, irreparable harm risk, and no entitlement by respondents to retain the trucks.

• Leave To Execute Pending Appeal
• Liquidation Assets
• Exceptional Circumstances
• Irreparable Harm
• Void Disposition
• Costs Order

Rudman v Maquassi Hills Local Municipality and Others (J 3495/18)

Rudman v Maquassi Hills Local Municipality and Others (J 3495/18) [2018] ZALCJHB 371 (8 November 2018)

Court

Labour Court Johannesburg

Case number

J 3495/18

Judge

Tlhotlhalemaje

The Court found that the circumstances of the case were unique and exceptional, primarily due to the time-sensitive nature of the applicant's acting appointment and the principle of legality regarding the powers of an administrator appointed under section 139(1)(b) of the Constitution. The Administrator's termination of the applicant's acting appointment was not supported by discernable reasons and was contrary to a standing Council resolution. The applicant faced real and irreparable harm, including disciplinary action, if execution was not granted. The respondents' alleged harm was self-cre…

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• Leave To Execute Pending Appeal
• Exceptional Circumstances
• Municipal Administration
• Ultra Vires Action
• Section 139 Intervention

South African Municipal Workers Union (SAMWU) v Qina and Others (J965/18)

South African Municipal Workers Union (SAMWU) v Qina and Others (J965/18) [2018] ZALCJHB 185; [2018] 9 BLLR 932 (LC) ; (2018) 39 ILJ 2740 (LC) (25 May 2018)

Court

Labour Court Johannesburg

Case number

J965/18

Judge

E Tlhotlhalemaje

The Labour Court has jurisdiction to grant relief under section 18 of the Superior Courts Act, as it is a Superior Court and there is no conflict with the Labour Relations Act or its rules. The applicant demonstrated exceptional circumstances justifying deviation from the ordinary rule that an appeal suspends the operation of the order. SAMWU established a prima facie right to the relief sought, irreparable harm if the order is not executed, and the absence of alternative remedies. The respondents failed to show that they would suffer irreparable harm if leave to execute is granted. The urgen…

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• Leave To Execute Pending Appeal
• Trade Union Governance
• Interdict
• Superior Courts Act Section 18
• Unfair Dismissal

Minister of Justice and Correctional Service and Another v Mmela Investment Holdings (Pty) Ltd (46825/2017)

Minister of Justice and Correctional Service and Another v Mmela Investment Holdings (Pty) Ltd (46825/2017) [2017] ZAGPPHC 695 (24 October 2017)

Court

North Gauteng High Court, Pretoria

Case number

46825/2017

Judge

C Pretorius

High Court granted a section 18 application, keeping its earlier order in force pending any petition or appeal because of public-interest prejudice and proven irreparable harm.

• Section 18 Application
• Leave To Execute Pending Appeal
• Irreparable Harm
• Exceptional Circumstances
• Public Interest Access To Courts
• Section-18-application

Portion 48 Douglasdale CC v Morgan and Others; In re: Morgan and Another v Portion 48 Douglasdale (16595/2012)

Portion 48 Douglasdale CC v Morgan and Others; In re: Morgan and Another v Portion 48 Douglasdale (16595/2012) [2017] ZAGPJHC 229 (28 April 2017)

Court

South Gauteng High Court, Johannesburg

Case number

16595/2012

Judge

D S S Moshidi

The court found that section 18 of the Superior Courts Act sets a higher threshold for granting leave to execute an order pending appeal, requiring proof of exceptional circumstances and irreparable harm. The applicant failed to demonstrate that it would suffer irreparable harm if the eviction order was suspended, while the respondents faced the real prospect of homelessness and financial harm if evicted before their appeal was heard. The respondents' application for leave to appeal, though administratively imperfect, was pending and filed within the required timeframes. The court held that d…

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• Eviction Order
• Leave To Execute Pending Appeal
• Exceptional Circumstances
• Irreparable Harm
• Superior Courts Act Section 18

Wenum v Maquassi Hills Local Municipality (J1684/15)

Wenum v Maquassi Hills Local Municipality (J1684/15) [2017] ZALCJHB 6; (2017) 38 ILJ 1213 (LC); [2017] 7 BLLR 736 (LC) (17 January 2017)

Court

Labour Court Johannesburg

Case number

J1684/15

Judge

Steenkamp

The court found that section 18 of the Superior Courts Act applies to the Labour Court and that the applicant had discharged the onus to show exceptional circumstances. The applicant faces bankruptcy and destitution, and the harm suffered is not only financial but also reputational and career-related. The respondent will not suffer irreparable harm if required to reinstate the applicant, as it will benefit from his services and can recover any payments if successful on appeal. The urgency of the matter was established, and the application was not barred by res judicata, as it arose from a new…

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• Leave To Execute Pending Appeal
• Superior Courts Act Section 18
• Reinstatement
• Exceptional Circumstances
• Irreparable Harm