South Africa Case Law

Taljaard and Another v Botha N.O and Others (1094/2022)

Taljaard and Another v Botha N.O and Others (1094/2022) [2023] ZANCHC 54 (25 August 2023)

Court

Northern Cape High Court, Kimberley

Case number

1094/2022

Judges

Phatshoane DJP, Williams, Stanton

The court found that the appeal was moot because the creditors, at properly convened meetings, had validly passed resolutions extending the powers of the liquidators and trustees, rendering the declaratory order of 13 December 2022 of no practical effect. Statutory requirements for notice and publication were met, and there was no legal obligation to notify interested parties by email. The extension of powers was not the subject of the appeal to the Supreme Court of Appeal, and thus the jurisdiction of the court under section 18(4) of the Superior Courts Act was not engaged. Even if the decla…

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• Liquidation Proceedings
• Powers Of Liquidators
• Business Rescue
• Suspension Of Orders Pending Appeal
• Creditors Meetings
• Exceptional Circumstances Under Superior Courts Act

Mogale City Local Municipality and Another v Inzalo Enterprise Management Systems (PTY) Limited (2022/002958)

Mogale City Local Municipality and Another v Inzalo Enterprise Management Systems (PTY) Limited (2022/002958) [2022] ZAGPJHC 998 (8 December 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2022/002958

Judges

S Van Nieuwenhuizen, ML Senyatsi, J Moorcroft

The court found that the Municipality and Municipal Manager had acted unlawfully in appointing Solvem without following prescribed procurement procedures and without fulfilling the conditions required for a valid contract. The Municipality failed to provide written reasons and documentation as required by law and previous court orders, constituting contempt of court. The argument that the contract remained valid until reviewed and set aside was rejected due to the absence of a binding agreement. The defences of res judicata and issue estoppel were dismissed as the contempt proceedings did not…

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• Municipal Procurement
• Promotion Of Administrative Justice Act
• Interdictory Relief
• Contempt Of Court
• Exceptional Circumstances
• Suspension Of Orders Pending Appeal

Road Accident Fund v Newnet Properties (Pty) Ltd t/a Sunshine Hospital and Another (6088/2022)

Road Accident Fund v Newnet Properties (Pty) Ltd t/a Sunshine Hospital and Another (6088/2022) [2022] ZAGPPHC 948; 2023 (5) SA 289 (GP) (6 December 2022)

Court

North Gauteng High Court, Pretoria

Case number

6088/2022

Judges

Moshoana, Malungana, Skosana

The High Court held that Newnet failed to show exceptional circumstances to lift the suspension of an order pending appeal under section 18 of the Superior Courts Act.

• Suspension Of Orders Pending Appeal
• Exceptional Circumstances
• Irreparable Harm
• Superior Courts Act Section 18
• Automatic Right Of Appeal
• Suspension-of-orders-pending-appeal

Autumn Skies Resources and Logistics (Pty) Ltd v Genet Manganese (Pty) Ltd In re: Genet Manganese (Pty) Ltd v Minister of Mineral Resources and Others (47060/2017)

Autumn Skies Resources and Logistics (Pty) Ltd v Genet Manganese (Pty) Ltd In re: Genet Manganese (Pty) Ltd v Minister of Mineral Resources and Others (47060/2017) [2019] ZAGPPHC 559 (25 October 2019)

Court

North Gauteng High Court, Pretoria

Case number

47060/2017

Judges

Swanepoel, Tolmay, Fabricius

Automatic appeal dismissed: the court upheld immediate effect to a review order over mining rights, finding irreparable harm and exceptional circumstances.

• Mineral Rights
• Review Of Administrative Action
• Suspension Of Orders Pending Appeal
• Fraudulent Misrepresentation
• Public Interest In Mining
• Punitive Costs

Old Mutual Ltd and Others v Moyo and Another (2019/22791)

Old Mutual Ltd and Others v Moyo and Another (2019/22791) [2019] ZAGPJHC 315 (6 September 2019)

Court

South Gauteng High Court, Johannesburg

Case number

2019/22791

Judge

B A Mashile

The court found that the orders granted on 30 July 2019 were interim in nature and not final as contemplated by Section 18(1) of the Superior Courts Act and the Zweni test. The applicants' interpretation of the orders was rejected as insensible and contrary to the context and purpose of the relief granted. The requirements for suspension or stay under Section 18(1)-(3)—exceptional circumstances, irreparable harm to the applicants, and absence of irreparable harm to the respondents—were not satisfied. The applicants failed to demonstrate that reinstatement or the prohibition on appointing a ne…

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• Suspension Of Orders Pending Appeal
• Exceptional Circumstances
• Irreparable Harm
• Interim Vs Final Orders
• Interpretation Of Court Orders

Helen Suzman Foundation and Another v Minister of Police and Others (23199/16)

Helen Suzman Foundation and Another v Minister of Police and Others (23199/16) [2017] ZAGPPHC 151; [2017] 3 All SA 253 (GP) (10 May 2017)

Court

North Gauteng High Court, Pretoria

Case number

23199/16

Judges

P.M. Mabuse, N. Kollapen, S.A.M. Baqwa

The court found that the applicants had established exceptional circumstances as required by section 18 of the Superior Courts Act. The adverse judicial findings against Ntlemeza regarding his honesty and integrity, the importance of the DPCI, and the public interest in the integrity of law enforcement justified immediate enforcement of the order. The applicants demonstrated that irreparable harm would result to the administration of justice and public trust if Ntlemeza remained in office pending appeal, while Ntlemeza would not suffer irreparable harm as he would retain his status and income…

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• Judicial Discretion
• Suspension Of Orders Pending Appeal
• Irreparable Harm
• Exceptional Circumstances
• Fitness For Public Office
• Appointment And Removal Of Public Officials

Law Society of the Northern Provinces v Smith and Another In re: Law Society of the Northern Provinces v Smith and Others; Smith and Others v Law Society of the Northern Provinces and Another (35899/2007)

Law Society of the Northern Provinces v Smith and Another In re: Law Society of the Northern Provinces v Smith and Others; Smith and Others v Law Society of the Northern Provinces and Another (35899/2007) [2017] ZAGPPHC 59 (24 February 2017)

Court

North Gauteng High Court, Pretoria

Case number

35899/2007

Judge

Prinsloo

Section 18 relief was granted in part to let a Law Society inspection proceed pending appeal, but the broader execution order was refused because it could moot the appeal.

• Section 18 Superior Courts Act
• Suspension Of Orders Pending Appeal
• Irreparable Harm
• Exceptional Circumstances
• Attorneys Act Section 78
• Professional Regulation

University of the Free State v Afriforum and Another (929/2016)

University of the Free State v Afriforum and Another (929/2016) [2016] ZASCA 165; [2017] 1 All SA 79 (SCA); 2018 (3) SA 428 (SCA) (17 November 2016)

Court

Supreme Court of Appeal

Case number

929/2016

Judges

Cachalia, Swain, Mathopo, Fourie, Schippers

The SCA held that Afriforum failed to prove exceptional circumstances or irreparable harm under section 18, and upheld the appeal against implementation pending appeal.

• Suspension Of Orders Pending Appeal
• Exceptional Circumstances
• Irreparable Harm
• Costs In Constitutional Litigation
• Language Rights In Education
• Suspension-of-orders-pending-appeal

Al Mayya International Limited (BVI) v Valley of the Kings Thaba Motswere and Others (926/2016, 2226/2016)

Al Mayya International Limited (BVI) v Valley of the Kings Thaba Motswere and Others (926/2016, 2226/2016) [2016] ZAECELLC 6 (15 September 2016)

Court

Eastern Cape High Court, East London Local Court

Case number

926/2016, 2226/2016

Judge

J.E Smith

The High Court held that a business rescue order would not be suspended pending appeal because exceptional circumstances and irreparable harm were shown under section 18(3).

• Business Rescue
• Suspension Of Orders Pending Appeal
• Irreparable Harm
• Exceptional Circumstances
• Business-rescue
• Appeal-suspension