Cloete and Another v S (Legal Aid South Africa as Amicus Curiae); Sekgala v Nedbank Limited [2019] ZACC 6 (19 February 2019)

Civil Procedure – appealability of interim orders – not
appealable when subject to alteration by high court – exception is where
grave injustice would occur – claim for compensation final in nature –
cannot be granted in interim proceedings

Section 105 of Tax Administration Act 28 of 2011 — test for granting a direction — relevant considerations in granting or refusing direction — discretionary nature of power to grant direction — production of rule 53 record pending direction

Peremption of appeal — relevant factors in overlooking

Civil Practice – Appealability of interim orders - order held to be final in nature and appealable; municipal law – deliberate non-payment of services - appellant failed to establish a prima facie right to continue to receive electricity without payment.

Admiralty law – arrest of an associated ship in terms of ss 3(6) and (7) of the Admiralty Jurisdiction Regulation Act 105 of 1983 (the Act) – arrest for security in terms of s 5(3) of the Act – reconsideration in terms of rule 6(12)(c) of the Uniform Rules of Court – onus of establishing an association in a security arrest discharged – source of control established where the respondent asserted alternative sources of power