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South Africa decisions
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ABSA Bank v Schuurman and Others (82184/16) [2024] ZAGPPHC 883 (13 September 2024)
The High Court declared mortgaged property specially executable under Rules 46(1) and 46A, but suspended execution until January 2025.
Ekurhuleni Metropolitan Municipality v Business Connexion (Pty) Ltd and Others (2024/005180) [2024] ZAGPJHC 378; 2024 (4) SA 571 (GJ) (16 April 2024)
The court held that section 18(1) of the Superior Courts Act applies to requests for reconsideration under section 17(2)(f), meaning that the execution of the underlying judgment is automatically suspended pending the final determination of the reconsideration request by the President of the Supreme Court of Appeal. The court reasoned that s17(2)(f) forms part of the appeal process and shares the same purpose as applications for leave to appeal or appeals, namely to prevent injustice and allow for judicial scrutiny of lower court decisions. The court rejected the contrary view that s18(1) doe…
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MEC responsible for Economic Development, Gauteng v Vilakazi and Others (2023-032601) [2023] ZAGPPHC 686 (14 August 2023)
The court found that the May 2023-order is interim in nature and does not have the effect of a final judgment. It merely reinstates the respondents as directors pending the outcome of the review and does not finally determine the rights of the parties or dispose of substantial relief. The applicant failed to establish exceptional circumstances warranting suspension of the order under section 18(2) of the Superior Courts Act. The breakdown of trust and ongoing disputes between the parties do not constitute exceptional circumstances, especially given the applicant's prior acquiescence to the or…
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Ruele and Others v Road Accident Fund and Another (Leave to Appeal) (2016/19982) [2023] ZAGPPHC 639 (28 July 2023)
The court found that the suspension order granted under Rule 45A is interlocutory and does not finally determine any rights or dispose of any substantive issues between the parties. The order merely suspends execution pending the outcome of the rescission application and does not have final effect. Applying the tests for appealability from Zweni and the Constitutional Court in UDM v Lebashe, the court held that none of the criteria for appealability are met. The order does not irreparably anticipate or preclude relief, nor would an appeal lead to a prompt resolution of the real issues. The co…
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Lehana's Pass Investment CC v Africa Campus Trading 300 (Pty) Ltd and Others (16138/2021) [2023] ZAGPJHC 111 (13 February 2023)
The High Court granted leave to appeal against an order suspending eviction pending petroleum-product arbitration, after the Constitutional Court’s Mfoza decision changed the legal position.
Mavuso and Another v Bolleurs and Others (2022/000833) [2022] ZAGPJHC 721 (20 September 2022)
The court found that the applicants' reliance on rule 49(11) was misplaced, as the rule had been repealed and no automatic suspension of execution applies to rescission applications. The relief sought by the applicants was not supported by the current law, and the court was not asked to stay the eviction order or to develop the common law in this regard. However, the court recognised the constitutional rights of the applicants, particularly the minor child, and the obligation of the State to provide reasonable measures for emergency accommodation. The City of Johannesburg, having been served…
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Figures and CO (Pty) Ltd and Others v Urban Real Estate (Pty) Ltd (2021/45109) [2022] ZAGPJHC 381 (6 June 2022)
The High Court dismissed leave to appeal, holding the appeal had lapsed for non-compliance with Rule 49(6)(a), ending the suspension of the eviction order.
West Dunes Properties 142 (Pty) Ltd v Subtinix (Pty) Ltd and Another (94789/2019) [2021] ZAGPPHC 869 (15 November 2021)
High Court dismissed a section 18 application seeking trust-payment relief pending appeal, finding section 18 cannot create new obligations beyond suspending execution.
Tembe v Tember (EL1207/2021) [2021] ZAECBHC 15 (17 September 2021)
The High Court partly suspended a domestic violence protection order pending appeal and allowed the applicant limited access to the jointly owned home.
Eksteen v Land and Agricultural Development Bank of South Africa (201/2020) [2021] ZAFSHC 201 (2 September 2021)
The court found that Wright AJ's order was final in effect, as it granted immediate relief and would not be reconsidered in subsequent proceedings. The suspension of execution was for a specified period and not contingent on the outcome of the appeal, thus constituting a final order. The applicant failed to establish exceptional circumstances as required by section 18(1) of the Superior Courts Act, and did not prove irreparable harm on a balance of probabilities. The speculative nature of the applicant's projected earnings and the inherent risks of forced sale values did not meet the statutor…
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