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South Africa decisions
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Ditsobotla Local Municipality and Others v Bojosinyane and Others (1229/25) [2025] ZANWHC 60 (27 March 2025)
Urgent interim interdict granted restraining unlawful municipal office-bearer conduct and interference with Ditsobotla Local Municipality pending Part B.
FSA Transport (Pty) Ltd v Station Commander Cape Town Central Vehicle Crime Investigation Unit South African Police Services and Another (13412/24) [2024] ZAWCHC 285 (26 September 2024)
The court found that the applicant failed to demonstrate exceptional circumstances warranting enforcement of the order pending appeal. The factual matrix differed from Ngqukumba, as the core issue was whether the police acted unlawfully in seizing the truck, which remains unresolved in the pending petition. The applicant did not establish irreparable harm on a balance of probabilities. Even if relief were granted, the police would have an automatic right of appeal under section 18(4) of the Superior Courts Act, resulting in suspension of the order. The application was therefore dismissed.
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Coetzee and Another v South African Legal Practice Council and Others (6055/2023) [2023] ZAFSHC 453 (21 November 2023)
The court held that a suspension order pending investigation and disciplinary proceedings was interlocutory, so leave to appeal did not suspend it.
Sejake v Ratlou Local Municipality and Others (UM185/2022) [2023] ZANWHC 205 (17 November 2023)
The court found that the applicant had established urgency under Rule 6(12) due to the immediate and ongoing harm caused by the attachment of his salary, which prevented him from meeting monthly obligations. The judgment of Reid J, although arguably interlocutory, had a substantial and immediate effect on the applicant's rights and finances. In the interests of justice, and considering the harm suffered, the court deemed it appropriate to suspend and stay the writ of execution and notice of attachment pending the finalisation of the application for leave to appeal or appeal. The court also or…
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Trustees for the time being of the Corneels Greyling Trust and Another v Minister of Water and Sanitation and Others (2023 / 069111) [2023] ZAGPJHC 898 (11 August 2023)
The court found the applicants have locus standi both as a protected class under the National Water Act and by demonstrating actual harm to their water resources and livelihoods. The application was urgent, as harm to the environment and water supply could not be undone and substantial redress would not be available in due course. The appeal against the water use licence was validly lodged, as section 148(3) of the National Water Act allows appeals to be commenced within 30 days of the latest event, and the applicants lodged their appeal before receiving reasons but supplemented it after reas…
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Ngaraga Properties (Pty) Ltd v MEC Responsible for Education Limpopo Province and Others (6752/2021) [2023] ZALMPPHC 67 (8 August 2023)
The court found that the interim interdict granted by MG Phatudi J, although temporary, has a final effect because its operation causes immediate, serious, and ongoing harm to the schoolgirls who are the intended beneficiaries of the tender. The absence of evidence that the Department could procure sanitary pads by other means with immediate effect reinforced the conclusion that the harm is irreparable. The interests of the beneficiaries, as recognized in Pelatona and OUTA, are paramount in determining whether the order is final in effect. Consequently, the interim order is suspended by the S…
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Public Protector of South Africa v Speaker of the National Assembly and Others (8500/2022) [2022] ZAWCHC 197; [2023] 1 All SA 256 (WCC); 2023 (4) SA 205 (WCC) (11 October 2022)
The High Court held that the President’s suspension of the Public Protector was conduct of the President requiring Constitutional Court confirmation.
K.M.R v K.R (44169/2019) [2021] ZAGPJHC 35 (18 March 2021)
The High Court held that an interim child-custody order was final in effect and automatically suspended pending appeal under section 18 of the Superior Courts Act.
Malebana v South African Nuclear Energy Corporation SOC Limited and Another (J1727/19) [2019] ZALCJHB 276; [2020] 2 BLLR 208 (LC); (2020) 41 ILJ 1145 (LC) (8 October 2019)
The Labour Court dismissed an urgent application to execute an order pending leave to appeal, finding no exceptional circumstances or irreparable harm.
Luxor Paints (Pty) Ltd v Lloyd (J1265/16) [2016] ZALCJHB 505; (2017) 38 ILJ 1149 (LC); [2017] 7 BLLR 700 (LC) (9 December 2016)
The court held that the Labour Court is a superior court within the meaning of the Superior Courts Act. There is no specific provision in the Labour Relations Act or the Labour Court Rules that conflicts with section 18 of the Superior Courts Act regarding the suspension of orders pending appeal. Therefore, section 18 applies, and the first respondent’s notice of appeal and petition for leave to appeal automatically suspended the operation of the restraint of trade order. As a result, the first respondent could not be held in contempt of court for failing to comply with the order while the ap…
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