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South Africa decisions
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Jacobs and Others v City of Cape Town (5453/2022) [2025] ZAWCHC 53 (18 February 2025)
The High Court held the applicants had acquiesced in an eviction judgment, perempting any appeal, and set aside a late leave-to-appeal application as null and void.
Ithala SOC Ltd v Ntombela and Others (DA 1/2024) [2024] ZALAC 71; [2025] 4 BLLR 425 (LAC) (24 December 2024)
The Labour Appeal Court dismissed Ithala’s appeal after finding it had perempted its right to appeal by reinstating dismissed employees before the appeal process began.
Road Accident Fund v Jackson and Others (40814/2017) [2024] ZAGPPHC 649 (9 July 2024)
The High Court dismissed the RAF’s late leave-to-appeal application, finding its appeal rights had perempted and awarding attorney-and-client costs.
Khumalo v Sheriff Johannesburg Central and Another (2269/2008) [2024] ZAGPJHC 497 (21 May 2024)
The High Court dismissed a sheriff’s application for leave to appeal, finding that his notice to abide the main judgment amounted to peremption.
Cilliers NO and Others v Ellis and Another (200/2016) [2017] ZASCA 13 (17 March 2017)
The Supreme Court of Appeal held that the order of the court a quo was not appealable as it lacked finality, was not definitive of the parties' rights, and did not dispose of any portion of the relief claimed. The proceedings in the court below were unterminated, and entertaining the appeal would result in piecemeal appellate disposal, which is contrary to established jurisprudence. Furthermore, Du Toit had perempted her right to appeal by abiding the judgment and not participating in the trial, and the substitution of Mrs Cilliers by the executrix of her estate was irregular as leave of the…
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MEC for KwaZulu-Natal of the Department of Co-operative Governance and Traditional Affairs v Inkatha Freedom Party and Others (10304/13) [2013] ZAKZPHC 62 (13 November 2013)
The High Court confirmed an interdict suspending a municipal manager appointment pending appeal, holding that the leave-to-appeal process suspended the earlier order.
Qoboshiyane NO and Others v Avusa Publishing Eastern Cape (Pty) Ltd and Others (864/2011) [2012] ZASCA 166; 2013 (3) SA 315 (SCA) (21 November 2012)
The Supreme Court of Appeal held that the appeal was perempted because the MEC had unequivocally complied with the High Court's order by disclosing the Kabuso report without reservation, thereby abandoning any right to appeal. Even if peremption did not apply, the appeal was moot as the report had already been disclosed and no judgment could have any practical effect between the parties. The court rejected the appellants' argument that section 46 of PAIA is subject to a limitation where an investigation under section 106 of the Municipal Systems Act is incomplete. Section 46 mandates disclosu…
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Minister of Defence and Others v South African National Defence Force Union and Another (161/11) [2012] ZASCA 110 (30 August 2012)
The Supreme Court of Appeal set aside an interdict stopping SANDF disciplinary action, holding no clear right was shown and no peremption barred the appeal.
Heafield and Others v Rodel Financial Services (Pty) Ltd (A5038/2010) [2011] ZAGPJHC 82 (3 March 2011)
The High Court dismissed an appeal after finding the appellants had acquiesced in the judgment by paying the debt and costs without reservation.
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