United Democratic Movement and Another v Lebashe Investment Group (Pty) Limited and Others [2022] ZACC 34 (22 September 2022)

Appeal – jurisdiction of Supreme Court of Appeal to hear appeal from High Court sitting as court of first instance – Section 16(1) of Superior Courts Act 10 of 2013 applicable – twofold jurisdictional requirements: that necessary leave to appeal was granted and that order sought to be challenged constitutes ‘decision’ – meaning of ‘decision’ in s 16(1) – same as ‘judgment or order’ under Supreme Court Act 59 of 1959 – order certifying class action and declarator in regard to transmissibility of claims for general damages – general attributes for appealability absent – interests of justice not qualifying orders as appealable decisions – matter struck from roll.

Practice – Appealability – application to review ruling on admissibility in criminal trial while trial still pending – leave given to complainant to intervene in review application – test for appealability – no final and definitive effect on review application – does not dispose of any portion of relief in review application – courts opposed to piecemeal adjudication – interests of justice not supporting appealability – no jurisdiction to entertain appeal – not appealable.

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.

Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 – application for interim interdict in Equality Court – failure to establish prima facie case – appealability of interim interdict.

Divorce – spousal maintenance – order compelling furnishing of further particulars not appealable

Civil procedure – whether requirements for interim interdict satisfied – appealability of interim order – order has final effect and disposed substantial portion of disputes – mootness – whether judgment will have practical effect.

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

Appeal – order declaring that attorney authorised to act in action – not appealable unless interests of justice so demand – parties agreeing that appeal hinges on legal issue – issue agreed upon academic and abstract – interests of justice do not require order be regarded as appealable decision – matter struck from roll.

Civil procedure – rescission of default judgment – interlocutory in nature and thus not appealable – application for condonation and special leave to appeal – condonation of the late filing of the record of appeal and reinstatement of appeal – principles re-stated

Civil procedure – locus standi – appealability – whether the issue of locus standi determined as a point in limine is appealable