South Africa Case Law

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…

Source excerpt

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

Democratic Alliance v Acting Municipal Manager of the Metsimaholo Local Municipality and Others (6192/2023)

Democratic Alliance v Acting Municipal Manager of the Metsimaholo Local Municipality and Others (6192/2023) [2025] ZAFSHC 143 (22 May 2025)

Court

Free State High Court, Bloemfontein

Case number

6192/2023

Judge

Loubser

The High Court dismissed contempt proceedings against municipal and trust respondents, finding reasonable doubt on wilfulness and mala fides, but awarded costs against them.

• Contempt Of Court
• Interim Interdict
• Municipal Services Agreement
• Superior Courts Act Section 18
• Costs Award
• Contempt-of-court

Matsi Law Chambers v Mailula and Another (A165/2023)

Matsi Law Chambers v Mailula and Another (A165/2023) [2025] ZAGPPHC 564 (21 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

A165/2023

Judges

NGM Mazibuko, SNI Mokose, JS Nyathi

The High Court held that an order subject to leave to appeal is generally suspended, so the respondents were not in contempt. The appeal was dismissed with costs.

• Contempt Of Court
• Suspension Of Orders On Appeal
• Superior Courts Act Section 18
• Execution Of Judgments
• Contempt-of-court
• Civil-procedure

Airports Company South Africa SOE Limited and Another v Aviation CO-Ordination Services (Pty) Limited and Another (119918/2023)

Airports Company South Africa SOE Limited and Another v Aviation CO-Ordination Services (Pty) Limited and Another (119918/2023) [2025] ZAGPJHC 447 (2 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

119918/2023

Judges

Twala, Dlamini, Mfenyana

The High Court dismissed an urgent appeal because the challenged orders were interim, so section 18(4) of the Superior Courts Act was not engaged.

• Interim Interdict
• Leave To Appeal
• Superior Courts Act Section 18
• Jurisdiction
• Public Procurement
• Mandamus

Sheng Teng (Pty) Ltd v SA Bulk Commodity Trading and Storage Services (Pty) Ltd (2024/111687)

Sheng Teng (Pty) Ltd v SA Bulk Commodity Trading and Storage Services (Pty) Ltd (2024/111687) [2025] ZAGPJHC 156 (19 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024/111687

Judge

E Raubenheimer

The High Court dismissed an urgent contempt application over electricity disconnections, finding no wilful, deliberate breach of the earlier order.

• Contempt Of Court
• Spoliation
• Superior Courts Act Section 18
• Punitive Costs
• Contempt-of-court
• Civil-procedure

Ottery Service Station (Pty) Ltd t/a SASOL Ottery and Another v Cold Stone Trading and Investments (Pty) Ltd t/a Shell Ottery and Others (22689/2024)

Ottery Service Station (Pty) Ltd t/a SASOL Ottery and Another v Cold Stone Trading and Investments (Pty) Ltd t/a Shell Ottery and Others (22689/2024) [2025] ZAWCHC 3 (13 January 2025)

Court

Western Cape High Court, Cape Town

Case number

22689/2024

Judge

Lekhuleni

The court found that the order granted on 2 December 2024 was interim in nature, pending the determination of an internal appeal to the Minister under section 12A of the Petroleum Products Act. The order did not dispose of all issues between the parties and was open to alteration, thus falling squarely within section 18(2) of the Superior Courts Act. Consequently, the filing of applications for leave to appeal did not suspend the operation of the interim interdict. The respondents, having knowledge of the order and continuing to trade in petroleum products, acted in wilful contempt. Reliance…

Source excerpt

• Contempt Of Court
• Interim Interdict
• Superior Courts Act Section 18
• Petroleum Products Act
• Ministerial Appeal
• Attorney And Client Costs

Tshabalala v Moqhaka Local Municipality and Another (2024-147645)

Tshabalala v Moqhaka Local Municipality and Another (2024-147645) [2024] ZALCJHB 511 (23 December 2024)

Court

Labour Court Johannesburg

Case number

2024-147645

Judge

Prinsloo

The court found that the applicant's precautionary suspension lapsed automatically on 31 May 2024 in terms of Regulation 6(6)(a), as the disciplinary hearing did not commence within three months of her suspension. The continued suspension was unlawful and deprived the applicant of substantive relief, particularly her right to qualify for a performance bonus, which is time-sensitive and cannot be quantified as damages. The court held that exceptional circumstances existed, as the applicant would be left with no relief due to procedural delays, and she would suffer irreparable harm if the order…

Source excerpt

• Precautionary Suspension
• Disciplinary Procedure
• Superior Courts Act Section 18
• Performance Bonus
• Irreparable Harm
• Exceptional Circumstances

Afriforum NPC v National Energy Regulator of South Africa and Another (2024/061972)

Afriforum NPC v National Energy Regulator of South Africa and Another (2024/061972) [2024] ZAGPPHC 1381 (5 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024/061972

Judge

De Vos

The High Court dismissed AfriForum’s bid for interim execution pending appeal over NERSA’s tariff methodology, finding no exceptional circumstances under section 18.

• Interim Execution
• Electricity Tariffs
• Cost Of Supply Studies
• Superior Courts Act Section 18
• Municipal Tariff Methodology
• Interim-execution

Frecton v University of Limpopo Senate and Others (HCAA31/2024)

Frecton v University of Limpopo Senate and Others (HCAA31/2024) [2024] ZALMPPHC 191 (27 November 2024)

Court

Limpopo High Court, Polokwane

Case number

HCAA31/2024

Judges

M. Naude-Odendaal, K. Pillay, M.Z. Makoti

The High Court dismissed an appeal against refusal of a section 18 application to enforce an earlier order pending appeal, finding no automatic right of appeal or proof of irreparable harm.

• Superior Courts Act Section 18
• Automatic Suspension Of Orders
• Exceptional Circumstances
• Irreparable Harm
• Leave To Appeal
• Superior-courts-act

Verwey v Minister of Police and Others (2024/104069)

Verwey v Minister of Police and Others (2024/104069) [2024] ZAGPPHC 1209 (22 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024/104069

Judge

K Strydom

The High Court dismissed leave to appeal and contempt, but granted urgent section 18(3) relief making the firearms-return order immediately executable.

• Urgent Interdict
• Rei Vindicatio
• Spoliation
• Civil Contempt
• Superior Courts Act Section 18
• Doctrine Of Legality