Philani-Ma-Afrika and Others v Mailula and Others (674/2008) [2009] ZASCA 115 (25 September 2009)

Appealability – interlocutory application – appealable under s 17(1) of the Superior Courts Act 10 of 2013.

Company law – interpretation of s 26(2) of the Companies Act 71 of 2008 – provides an unqualified right of access to a company’s securities register – person’s motive for access not relevant – right of access not subject to the provisions of the Promotion of Access to Information Act 2 of 2000 (PAIA).

Rule 35(14) – appellants failed to demonstrate that the documents sought are relevant to a reasonably anticipated issue in the main application.

Appealability – dismissal of an exception – doctrine of finality – interests of justice – precedent.

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.

Interim interdict – appealability – whether there is an absence of
irreparable harm – per majority judgment: interests of justice do not require that
appeal be entertained - per minority judgments: interests of justice do require appeal
to be entertained.

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.

Interim interdict against State functionary – South African Police
Service – prohibited from exercising powers under Firearms Control Act 60 of 2000 – interdicted from accepting or demanding surrender of firearms with expired licences pending final relief extending validity of expired licences – appealable – interdict an intrusion on executive authority and final in effect – role of Judge as neutral arbiter – of own accord amending final relief sought –
inappropriate – renders court susceptible to allegation of bias – requisites for an interim interdict not met – no prima facie right, injury or absence of alternative remedy established – balance of convenience not favouring grant of interim relief – interdict an impermissible restraint on exercise of statutory power – violation
of principle of separation of powers – appeal upheld