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South Africa decisions
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Du Toit and Another v Lee and Others (6331/2022) [2024] ZAFSHC 396 (19 December 2024)
The High Court suspended handing down judgment in the main application until an interlocutory application to adduce further evidence is decided.
Municpality of Thabazimbi v Badenhorst and Others (2024-101788) [2024] ZAGPPHC 954 (25 September 2024)
The court found that the writ of execution was issued and executed before the exhaustion of all appeal processes, specifically while an application for leave to appeal to the Constitutional Court was pending. Section 18 of the Superior Courts Act suspends the operation and execution of a judgment subject to such applications, unless a court orders otherwise. The first respondent was aware of the pending appeal and should have waited for the appeal period to lapse before executing the writ. The funds paid over to the first respondent were not lawfully due and must be repaid to the applicant. T…
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Lynx Investment (Pty) Ltd and Another v Picnoord Kitchen (Pty) Ltd and Another (Application for Leave to Appeal) (2024/052019) [2024] ZAGPJHC 928 (18 September 2024)
The court found that the interim mandatory interdict reinstating the respondent was not appealable as it did not finally determine the rights of the parties nor dispose of substantial relief. The order was procedural, aimed at preserving or restoring the status quo pending the final determination of the parties' rights. The applicants' conduct in executing the judgment before the expiry of the period for noting an appeal deprived the respondents of the protection afforded by the suspension rule and amounted to interference with the administration of justice. The interests of justice did not d…
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Premier of the Limpopo Province and Others v Kobe and Others (10954/2023) [2024] ZALMPPHC 65 (10 July 2024)
The High Court stayed execution of a Full Court order and the related writ of attachment pending an appeal in the Supreme Court of Appeal.
Picnoord Kitchen and Another v Lynx Investment (Pty) Ltd and Others (2024/054493) [2024] ZAGPJHC 712; 2024 (6) SA 599 (GJ) (8 July 2024)
The court found that the applicants are entitled to the protection of the suspension rule, which maintains the status quo pending the outcome of an appeal. The respondents' execution of the eviction order during the period allowed for noting an appeal was intended to deprive the applicants of this protection. The requirements for a mandatory interlocutory interdict were satisfied: the applicants demonstrated a prima facie right to remain in the premises, a well-grounded apprehension of ongoing irreparable harm, and the balance of convenience favoured reinstatement. The respondents' reliance o…
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JK Structures CC v City of Cape Town and Others (leave to appeal) (14485 / 2021) [2023] ZAWCHC 93 (8 May 2023)
The High Court refused leave to appeal and declined to implement its prior tender-review judgment pending appeal, finding no reasonable prospects or irreparable harm.
Ngonyama N.O. and Others v Eyabantu Capital Consortium (PTY ) Ltd and Others (18790-2020) [2022] ZAGPJHC 852 (30 September 2022)
The High Court granted leave to appeal against an order suspending default judgments and postponing contempt proceedings, finding the order appealable and not moot.
Minister of Finance v Sakeliga NPC (previously known as Afribusiness NPC) and Others (CCT 62/22) [2022] ZACC 17; 2022 (4) SA 401 (CC); 2023 (2) BCLR 171 (CC) (30 May 2022)
The Constitutional Court dismissed the Minister of Finance’s urgent application to vary its Afribusiness order, holding there was no ambiguity to correct.
Confuscore (Pty) Limited v Ehlers N.O and Others (2919/2016) [2019] ZALMPPHC 2 (1 February 2019)
High Court order granting execution pending appeal under section 18 of the Superior Courts Act after a sale in execution dispute over farms.
Matjhabeng Local Municipality v Phakama Security Services CC and Another; In re: Phakama Security Services CC v Matjhabeng Local Municipality (3116/2015) [2017] ZAFSHC 147 (13 July 2017)
The court held that neither the Superior Courts Act nor the Uniform Rules of Court provide for automatic suspension of the accrual of interest on a judgment debt during the pendency of a rescission application. The repealed Rule 49(11)(a) previously regulated suspension of execution, but its provisions no longer apply. The current legal framework only allows for suspension of execution, not the running of interest, unless a specific court order is obtained under Rule 45A. The court found no authority or substantive rule supporting the applicant's contention that interest should not accrue dur…
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