Provincial Government North West and Another v Tsoga Developers CC and Others [2016] ZACC 9 (24 March 2016)

Suspension of operation of order pending an appeal – section 18(1) of Superior Courts Act 10 of 2013 – leave to execute on order in terms of s 18(3) of Act – requirements – urgent appeal in terms of s 18(4) of Act – suspension of order granting leave to execute in terms of s 18(4)(iv) of Act – whether court empowered to order that suspension would not operate – such an order a nullity.

Constitutional and administrative law – just and equitable order under s 172(1)(b) of the Constitution – factors to be taken into account – default judgment valid and binding – s 165(5) of the Constitution – enforceability of court orders – order sought having effect of prohibiting execution of the default judgment – order not just and equitable – application for leave to appeal dismissed.

Civil Procedure – on appeal, the appellants were not entitled to an order they did not seek in the court of first instance – attachment of a bank account held by an organ of State – order of this Court on appeal would be of no practical effect – issues raised were moot – costs order of the court a quo reversed on account of serious injustice suffered by the first respondent