C (22143/2018), R v
C (22143/2018), R v [2022] ZAGPJHC 624 (28 August 2022)
The court held that the Rule 43(6) order granted by Nyathi AJ is interlocutory and not final in effect, and therefore not suspended by the pending appeal on the lis pendens point. Section 16(3) of the Superior Courts Act prohibits appeals against Rule 43 orders, and section 18(2) provides that interlocutory orders remain operative unless the court orders otherwise under exceptional circumstances. The respondent's appeal relates only to the dismissal of the lis pendens point and not to the merits of the Rule 43(6) order. The court found that the respondent's actions in delaying implementation…
Source excerpt
- Rule 43 Orders
- Interim Contact Rights
- Lis Pendens
- Best Interests Of Child
- Passport Surrender
- Contempt Of Court