Urgent application

execution
05 Apr 2023

A group of 116 persons in Ndevu and Another v Westonaria South Property Holding (Pty) Ltd t/a Westonaria South and Others [2022] JOL 53978 (GP) occupying a government sector housing development brought an urgent application to stay the execution of an eviction order pending the finalisation of an application for leave to appeal. As the application for the leave to appeal was delivered about four days after the 15-day period prescribed by High Court Rule 49 had expired, the applicants applied for condonation for the late filing of the application for leave.

The applicants’ submissions satisfied the court that the matter qualified as urgent.

The requirements for a stay of execution were set out by the court. A court will grant a stay of execution where real and substantial justice requires it or where injustice would otherwise result. The court will be guided by factors usually applicable to interim interdicts, except where the applicant is not asserting a right, but attempting to avert injustice. The court must be satisfied that the applicant has a well-grounded apprehension that the execution is taking place at the instance of the respondents and irreparable harm will result if execution is not stayed and the applicant alternatively succeeds in establishing a clear right. The court is not concerned with the merits of the underlying dispute.

Considering each of the requirements for the interdict sought, the court found that the applicants had made out a case for the relief in question.

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(This article is provided for informational purposes only and not for the purpose of providing legal advice. For more information on the topic, please contact the author/s or the relevant provider.)
Merilyn Kader

Merilyn Kader joined LexisNexis from practice as an attorney and has a Compliance Management certification. She manages the All South African Reports and the Constitutional Law Reports. Read more about Merilyn Kader

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