South Africa Case Law

Pridin Trading (Pty) Ltd and Another v Boutique Leasing Company (Pty) Ltd and Another (046326-2024)

Pridin Trading (Pty) Ltd and Another v Boutique Leasing Company (Pty) Ltd and Another (046326-2024) [2025] ZAGPPHC 779 (1 August 2025)

Court

North Gauteng High Court, Pretoria

Case number

046326-2024

Judge

E van der Schyff

The court found that the applicants failed to establish extreme urgency justifying the departure from the timelines prescribed by Rule 6(5)(b). The applicants were aware of the default judgment and attachment of property by 24 June 2025 but delayed in launching urgent proceedings. The court was not satisfied that the applicants made out a case for urgency or condonation. Furthermore, the applicants did not demonstrate a bona fide defence or provide sufficient evidence to challenge the claim amount. The application for a stay of execution and interdict was therefore struck from the roll for la…

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• Stay Of Execution
• Default Judgment
• Service Of Process
• Rescission Of Judgment
• Urgency
• Master Agreement

Claremart Auctioneers (Pty) Ltd v Van Beuren and Others (18103/2021)

Claremart Auctioneers (Pty) Ltd v Van Beuren and Others (18103/2021) [2025] ZAWCHC 316 (30 July 2025)

Court

Western Cape High Court, Cape Town

Case number

18103/2021

Judge

LekhULENI

High Court stay of execution granted pending leave to appeal, after respondents refused an undertaking and executed a warrant against the applicant.

• Stay Of Execution
• Leave To Appeal
• Costs Order
• Superior Courts Act
• Uniform Rules Of Court
• Stay-of-execution

Sheriff of The High Court: Giyani (Sydney Herbert Park, An Officer of Court) v Renky Thulani Makhubela (1270/2023)

Sheriff of The High Court: Giyani (Sydney Herbert Park, An Officer of Court) v Renky Thulani Makhubela (1270/2023) [2025] ZASCA 104 (15 July 2025)

Court

Supreme Court of Appeal

Case number

1270/2023

Judges

Nicholls JA, Saldulker AJA, Norman AJA

The majority of the Supreme Court of Appeal held that the appellant, the sheriff, was not in contempt of court when he failed to transfer the funds as ordered by the high court. The sheriff had at all times evinced an intention to appeal the July order and was still within the 30-day period prescribed by the Superior Courts Act to petition the Supreme Court of Appeal. The majority found that the sheriff's conduct did not demonstrate contumacious disrespect for judicial authority but rather adherence to lawful appellate procedures. The automatic suspension of the judgment's execution pending a…

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• Contempt Of Court
• Wilfulness And Mala Fides
• Automatic Suspension Of Judgment
• Superior Courts Act Section 18
• Stay Of Execution

Minister of Police v Qwela and Others (Reasons) (2025/088899)

Minister of Police v Qwela and Others (Reasons) (2025/088899) [2025] ZAECMHC 62 (8 July 2025)

Court

Eastern Cape High Court, Mthatha

Case number

2025/088899

Judge

Zono

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.

• Stay Of Execution
• Urgency In Motion Proceedings
• Rule 6 12 B
• Rule 45a
• Self Created Urgency
• Stay-of-execution

C.R.W v L.M.W and Another (12866/2014)

C.R.W v L.M.W and Another (12866/2014) [2025] ZAWCHC 279 (2 July 2025)

Court

Western Cape High Court, Cape Town

Case number

12866/2014

Judge

Le Grange

The High Court refused a stay of execution pending rescission and granted interim vexatious-litigant relief and security for costs against the applicant.

• Stay Of Execution
• Vexatious Litigation
• Divorce Order Enforcement
• Security For Costs
• Rule 45a
• Vexatious Proceedings Act

Transport and Allied Workers Union of SA v Williams and Another (2025/085855)

Transport and Allied Workers Union of SA v Williams and Another (2025/085855) [2025] ZALCJHB 249 (27 June 2025)

Court

Labour Court Johannesburg

Case number

2025/085855

Judge

R Daniels

The Labour Court dismissed an urgent application to stay execution of a CCMA arbitration award pending review, finding no prospects of success and no basis to halt enforcement.

• Stay Of Execution
• Arbitration Award
• Review Application
• Trade Union Deregistration
• Legal Personality
• Unfair Dismissal

MC Spares and Rebuilds v Cajee and Another (2025/077478)

MC Spares and Rebuilds v Cajee and Another (2025/077478) [2025] ZALCJHB 247 (25 June 2025)

Court

Labour Court Johannesburg

Case number

2025/077478

Judge

R Daniels

The Labour Court dismissed an urgent application to stay execution of a MIBCO arbitration award pending rescission, finding no locus standi and no prospects of success.

• Stay Of Execution
• Arbitration Award
• Rescission Application
• Interpleader Proceedings
• Locus Standi
• Stay-of-execution

Maleka v Nedbank Limited and Others (2025/083622)

Maleka v Nedbank Limited and Others (2025/083622) [2025] ZAGPJHC 625 (23 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/083622

Judge

Smit

The applicant failed to establish a clear or prima facie right to the relief sought. His 'interpleader affidavit' did not satisfy the requirements of Rule 45(5), as it did not constitute a valid suretyship or undertaking to produce the attached goods. The sheriff acted lawfully in executing the writ and removing the goods. The applicant's reliance on the best interests of the child under section 28(2) of the Constitution was misplaced, as he did not challenge the constitutionality of the underlying rules, and the principle of subsidiarity precludes direct reliance on the Constitution in such…

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• Stay Of Execution
• Interpleader Proceedings
• Urgent Application Principles
• Best Interests Of Child
• Suretyship Under Rule 45
• Subsidiarity Principle

Regenesys Management (Pty) Ltd ta Regenesys v Nortjie and Others (2025/134302)

Regenesys Management (Pty) Ltd ta Regenesys v Nortjie and Others (2025/134302) [2025] ZALCJHB 290 (19 June 2025)

Court

Labour Court Johannesburg

Case number

2025/134302

Judge

M T M Phehane

The Labour Court stayed execution on a writ while the parties litigated a dispute about how interest on a judgment debt should be calculated.

• Stay Of Execution
• Interest On Judgment Debt
• Interim Interdict
• Section 189a Dismissal
• Declaratory Relief
• Stay-of-execution

Road Accident Fund v Neethling and Another (6101/2019)

Road Accident Fund v Neethling and Another (6101/2019) [2025] ZAWCHC 242 (5 June 2025)

Court

Western Cape High Court, Cape Town

Case number

6101/2019

Judge

J Cloete

The High Court dismissed the RAF’s urgent application to stay execution of a writ, holding that appeals in other matters did not affect this judgment.

• Stay Of Execution
• Writ Of Execution
• Stare Decisis
• Abuse Of Process
• Stay-of-execution
• Writ-of-execution