South Africa Case Law

Ethiopian Chruch of Southern Africa and Others v Hash Tag Management and Others (561/2023)

Ethiopian Chruch of Southern Africa and Others v Hash Tag Management and Others (561/2023) [2023] ZAECBHC 27 (14 September 2023)

Court

Eastern Cape High Court, Bhisho

Case number

561/2023

Judge

Z.Z. Matebese

The High Court granted urgent relief suspending Magistrates’ Court judgments pending appeal and barred interference with church bank accounts.

• Interlocutory Relief
• Suspension Of Execution Pending Appeal
• Urgent Application
• Bank Account Access
• Urgent-application
• Suspension-of-execution-pending-appeal

Road Accident Fund v Ehlers Attorneys and Others (32968/2021)

Road Accident Fund v Ehlers Attorneys and Others (32968/2021) [2021] ZAGPPHC 828 (9 December 2021)

Court

North Gauteng High Court, Pretoria

Case number

32968/2021

Judges

Collis, Munzhelele, Jordaan

The court found that the requirements for granting an order under section 18(3) of the Superior Courts Act were met. The first respondent demonstrated exceptional circumstances, including prolonged non-payment by the appellant, the risk of closure of its practice, and prejudice to claimants. The appellant failed to show that it would suffer irreparable harm if execution was granted, as it had the funds and was obliged to pay under valid court orders. Allegations of impropriety against the first respondent were unsubstantiated. The court held that the appellant's conduct amounted to disregard…

Source excerpt

• Suspension Of Execution Pending Appeal
• Exceptional Circumstances
• Irreparable Harm
• Section 18 Superior Courts Act
• Contempt Of Court Orders

Professional Board for Emergency Care and Another v De Vries Ambulance Academy (Pty) Ltd (A231/2017)

Professional Board for Emergency Care and Another v De Vries Ambulance Academy (Pty) Ltd (A231/2017) [2017] ZAGPPHC 441 (4 August 2017)

Court

North Gauteng High Court, Pretoria

Case number

A231/2017

Judges

Makgoka, Potterill, Kubushi

The Full Court held that De Vries Ambulance Academy failed to establish exceptional circumstances or irreparable harm as required by section 18 of the Superior Courts Act. The respondent's assertion that its business would close down was unsupported by evidence, and it did not demonstrate why compliance with Form 169A would impact it differently from other institutions. The court found that De Vries could have taken steps to comply with the staffing requirements, and its reliance on its own inaction was impermissible. The court a quo misapplied the legal test by focusing on comparative hardsh…

Source excerpt

• Suspension Of Execution Pending Appeal
• Exceptional Circumstances
• Irreparable Harm
• Superior Courts Act Section 18

Liviero Wilge Joint Venture and Another v Eskom Holdings Soc Ltd (17321/2014)

Liviero Wilge Joint Venture and Another v Eskom Holdings Soc Ltd (17321/2014) [2014] ZAGPJHC 150 (12 June 2014)

Court

South Gauteng High Court, Johannesburg

Case number

17321/2014

Judges

Satchwell, Van Oosten, Spilg, Moshidi

The court held that section 18 of the Superior Courts Act removed the previous wide discretion and imposed a strict, cumulative test for granting execution pending appeal. Eskom, as applicant, failed to prove exceptional circumstances beyond its status as a parastatal and did not demonstrate irreparable harm beyond inconvenience and delay, which are manageable. The evidence showed Liviero faced actual financial harm due to unreimbursed PLA expenses and reversal of payments, while Eskom's alleged harm was speculative. The court found no peremption by Liviero, as its compliance was conditional…

Source excerpt

• Superior Courts Act Section 18
• Suspension Of Execution Pending Appeal
• Exceptional Circumstances
• Irreparable Harm
• Peremption
• Building Contract Dispute