Jeanru Konstruksie (Pty) Ltd v Botes
Jeanru Konstruksie (Pty) Ltd v Botes [2023] ZAGPPHC 421; 2023 (6) SA 305 (GP) (30 May 2023)
The court found that Rule 49(13) is procedural in nature and validly promulgated under the Rules Board's powers, as the requirement for security for costs on appeal is sourced in the High Court's inherent and constitutional powers to regulate its own processes. The appellant failed to furnish the required security and did not obtain a release from the obligation from the court that granted leave to appeal. This failure rendered the prosecution of the appeal, specifically the obtaining of a hearing date, irregular. The argument that Rule 49(13) was ultra vires was rejected, as the source for t…
Source excerpt
- Security For Costs On Appeal
- Rule 49 13 Interpretation
- Procedural Irregularity
- Ultra Vires Argument