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South Africa decisions
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DOT Office Supplies (Pty) Ltd v Badroonisha and Others (2025/114793) [2025] ZALCJHB 329 (28 July 2025)
The Labour Court refused to make a restraint-of-trade judgment immediately executable pending appeal because the applicant failed to show no irreparable harm to the respondent.
Homii Lifestye (Pty) Ltd and Another v Unemployment Insurance Fund and Another (Appeal) (134443/2023) [2025] ZAGPJHC 640 (17 June 2025)
The Court held that the appellants could not be granted leave to rely on section 45 of the Companies Act or introduce new evidence on appeal, as the defence was not covered by the pleadings, its admission would be unfair to the respondents, and it was not in the interests of justice. The evidence sought to be introduced was not shown to be true on its face and lacked a cogent explanation for its late introduction. Regarding the section 18(3) enforcement order, the Court found that exceptional circumstances existed due to the public nature of the UIF and PIC, the risk to substantial public fun…
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Moqhaka Local Municipality and Another v Tshabalala (JA7/25) [2025] ZALAC 36 (11 June 2025)
The Labour Appeal Court dismissed a section 18 appeal and upheld execution of a reinstatement order pending a Constitutional Court appeal.
Appolus and Others v Naledi Local Municipality and Others (UM199/2023) [2025] ZANWHC 97 (6 June 2025)
The court found that the respondents had complied with the requirements for prosecuting the section 18(4) appeal by filing the notice of appeal and corresponding with the Judge President's office, and that the appeal was pending. As a result, the execution of the judgments in question was suspended in terms of section 18(1) of the Superior Courts Act, and the relief sought by the applicants could not be granted. Regarding the protected disclosure claim, the court held that the first applicant failed to establish a causal link between his disclosure and the disciplinary proceedings, which were…
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Road Accident Fund v Schuurmann Van Den Heever & Slabbert Inc and Others (Appeal) (A300/2024) [2025] ZAGPPHC 530 (28 May 2025)
The court found that the RAF's liability to pay the claimants was undisputed, as valid court orders had been granted and not appealed or rescinded. The RAF's refusal to pay the attorneys' trust account was not justified by the alleged fraud, as the implicated director had been dismissed and no disciplinary or curator proceedings were pending against the firm. The Legal Practice Council found no culpability on the part of the remaining directors. The RAF's mandate is to pay compensation as ordered, and it cannot interfere with the attorney-client relationship or circumvent contingency fee agre…
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V.N N.O (obo Estate late JCLT L[...]) v MEC for Health: Northern Cape Province (CA&R 68/2023) [2025] ZANCHC 37; [2025] 3 All SA 552 (NCK) (2 May 2025)
The Full Court found that the plaintiff had established exceptional circumstances and irreparable harm as required by section 18(3) of the Superior Courts Act, given the ongoing medical needs of J[...] and the agreement between the parties regarding costs. The defendant failed to show it would suffer irreparable harm if the order was enforced. The court held that the plaintiff's secret offer was reasonable and exceeded by the final award, and the defendant acted unreasonably in refusing it. The court a quo misdirected itself by not affording the parties an opportunity to be heard and by focus…
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Member of the Executive Council for the Department of Community Safety and Transport Management of the North-West Provincial Government v Samons N.O and Others (Leave to Appeal) (039123/24) [2025] ZAGPPHC 320 (27 March 2025)
The High Court refused leave to appeal against removal of a business rescue practitioner and granted urgent execution under section 18(3).
Caterpillar Financial Services South Africa (Pty) Ltd v MNTK Projects Proprietary Limited (Leave to Appeal) (1150/2024) [2025] ZALMPPHC 40 (11 March 2025)
The court found that the agreement was properly cancelled in accordance with its terms, which distinguished between payment default (allowing immediate termination) and other breaches. The applicant's arguments regarding the necessity of a demand prior to cancellation were rejected, as the contract expressly provided for immediate termination in the event of non-payment. The respondent's actions in cancelling the agreement and seeking repossession of the units were consistent with both the contract and applicable legal principles. The court further held that the requirements for Section 18(3)…
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Dlwathi v Taxing Master and Others (2021/51100) [2025] ZAGPJHC 250 (10 March 2025)
The High Court dismissed a review of a taxing master’s ruling, holding the applicant had not followed Rule 48 procedure and that taxation was not stopped by appeal proceedings.
Datawallet (Pty) Ltd and Another v Thamani Mobile (Pty) Ltd and Others (2024/090086) [2024] ZAGPPHC 1215 (25 November 2024)
The court found that although the order granted by Teffo J was framed as an interim interdict, it was final in effect as it determined the rights to the core clients and the business relationship between the parties. The breakdown in trust and the determinative nature of the order rendered it final for purposes of suspension under section 18(2) of the Superior Courts Act. Consequently, the application for leave to appeal suspended the operation of the order. Regarding the application for interim implementation under section 18(3), the applicants failed to discharge the onus of proving that th…
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