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South Africa decisions
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Minister of Police v Qwela and Others (Reasons) (2025/088899) [2025] ZAECMHC 62 (8 July 2025)
The High Court struck an urgent application from the roll, finding the Minister of Police had not shown genuine urgency and had delayed too long after attachment.
C.R.W v L.M.W and Another (12866/2014) [2025] ZAWCHC 279 (2 July 2025)
The High Court refused a stay of execution pending rescission and granted interim vexatious-litigant relief and security for costs against the applicant.
Unlawful Occupiers [...] A[...] Street and Others v Rohlandt Holding CC and Others (7583/2019) [2025] ZAGPJHC 512 (27 May 2025)
The court found that the applicants failed to clarify the original order at the time it was granted and have delayed resolution by not providing the record. However, given the number of vulnerable persons affected and the ongoing dispute regarding alternate accommodation, immediate execution would result in injustice. The underlying causa remains in dispute, and the court exercised its discretion under Rule 45A to stay execution for four months. The applicants must deliver the record within two months, and the parties are to seek further directions for finalisation. The court refused to revis…
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Viljoen and Another v Sheriff Pretoria South East and Others (004922/2024) [2025] ZAGPPHC 49 (21 January 2025)
Urgent application to stay execution pending rescission was dismissed for lack of urgency, lis pendens, and non-joinder of a party claiming the attached goods.
Minister of Public Works and Infrastructure v Endemic Developments (Pty) Ltd and Others (23801/2018) [2024] ZAGPPHC 1269 (29 November 2024)
The High Court stayed a sale in execution pending a rescission application, finding the judgment debt was disputed and that the applicant would suffer irreparable harm.
Malas (Pty) Ltd v Mossie and Another (15196/2021) [2024] ZAGPPHC 1066 (31 October 2024)
The court found that the urgency of the application was justified by the respondent's refusal to accept the applicant's tender of security and insistence on immediate payment under the writ. The applicant established sufficient grounds for urgency and demonstrated that it would not obtain substantial redress at a hearing in due course. The underlying causa of the writ was disputed, and the applicant would suffer irreparable prejudice if forced to pay before the rescission application was determined. The requirements for interim relief were met: the applicant had a prima facie right, injury wa…
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Road Accident Fund v Ruele and Others (19982/2016) [2024] ZAGPPHC 749 (26 July 2024)
The High Court stayed execution against the Road Accident Fund, confirmed earlier stay orders as interlocutory, and awarded costs de bonis propriis against counsel.
Road Accident Fund v Madiba and Others (2023/088679) [2023] ZAGPPHC 1807 (18 October 2023)
The Court found that the RAF established a prima facie right to protect public funds from misappropriation and demonstrated a reasonable apprehension of irreparable harm if execution of the writs proceeded. The balance of convenience favoured the RAF, as the risk of illegitimate payments and loss of assets outweighed the temporary limitation on Mr Madiba’s ability to practice. No alternative remedy was available to the RAF. The Court held that exceptional circumstances existed, supported by objective evidence of misconduct, and that real and substantial justice required a stay of execution an…
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Mafuma Consulting (Pty) Ltd v Brandfort Forum and Others (5520/2021) [2023] ZAFSHC 394 (13 October 2023)
The High Court dismissed Mafuma Consulting’s bid to stay a review order setting aside its prepaid electricity meter arrangement with the municipality.
Blakey Investments (Pty) Ltd v Reckitt Benckiser South Africa (Pty) Ltd and Another (31783/2014) [2023] ZAGPJHC 1128 (3 October 2023)
The High Court dismissed leave to appeal against a Rule 45A judgment, finding no reasonable prospects of success or compelling reason to hear the appeal.
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