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South Africa decisions
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Djoufang v Snyders and Others (Reasons) (2025/105798) [2025] ZAWCHC 297 (21 July 2025)
The High Court held that a late, defective notice of appeal did not suspend an eviction order and directed the sheriff to execute the warrant.
A.O v S (Bail Appeal) (A104/2025) [2025] ZAWCHC 274 (30 June 2025)
The High Court upheld a bail appeal, finding exceptional circumstances after the complainant retracted her allegations and the magistrate’s refusal was wrong.
Ndayi v Minister of Police (33/2020) [2025] ZAECMHC 22 (25 March 2025)
The High Court struck a magistrates’ court appeal from the roll for late noting, no security for costs, and no valid substitution after the appellant’s death.
Elrico Koen t/a Elrico Motors v Wuister (16750/2024) [2024] ZAWCHC 373 (18 November 2024)
The High Court dismissed an application to reinstate a lapsed appeal, finding the delay unexplained, the record poorly prepared, and no prospects of success.
Ukoleko v Sheriff Pretoria South West S Ismail and Others (Reasons) (2024/095168) [2024] ZAGPPHC 1044 (17 October 2024)
The court found that the applicant was unlawfully deprived of possession of the property, as the eviction was executed despite a pending appeal and without a valid warrant of ejectment. The noting of an appeal in the Magistrates Court automatically suspended execution of the eviction order in terms of section 78 of the Magistrates' Courts Act and the common law. The respondents failed to obtain a complementary order authorising execution pending appeal. The absence of a valid warrant further rendered the eviction unlawful. The court rejected the respondents' arguments that the applicant was r…
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Liquidators (Small and Medium Enterprises Bank Limited) v MET Bank Limited (A2023/043983) [2023] ZAGPJHC 1353 (21 November 2023)
The High Court struck an appeal off the roll because the magistrate’s reasons were missing and the appellant had not sought mandamus to compel them.
Ants Liquor Store and Another v Mthethwa (35743/23A) [2023] ZAGPJHC 996 (6 September 2023)
The applicants noted an appeal against the eviction order but failed to prosecute it within the prescribed period, resulting in the appeal lapsing. Without a valid appeal, there is no legal impediment to the execution of the Magistrates Court order. The applicants did not provide a sufficient explanation for their failure to prosecute the appeal or demonstrate any real and substantial injustice that would justify a stay of execution. The court found no prospects of success on appeal and no compelling grounds to suspend execution. Accordingly, the application for a stay of execution was dismis…
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Shellville Traders CC v Centennial Trading Company 46 (Pty) Ltd (1233/21) [2021] ZAECGHC 109 (25 November 2021)
The High Court granted condonation for a late notice of appeal, finding the delay not inordinate and the appeal prima facie arguable.
Dinkebogile Transport Service v Emmah and Others (UM28/2021) [2021] ZANWHC 38 (9 March 2021)
Urgent application to stay execution pending appeal succeeded. The High Court set aside the attachment, held the appeal suspended execution, and awarded costs against the first respondent.
Toni v S (CA&R199/17) [2020] ZAECGHC 10; 2020 (1) SACR 369 (ECG) (13 February 2020)
Appeal against sentence partly succeeded: the High Court replaced a five-year prison term for drunk driving with a wholly suspended sentence.
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