Stamp Duties Act, 1968 (Act 77 of 1968)
R 385
Superior Courts Act, 2013 (Act No. 10 of 2013)Chapter 5 : Orders of constitutional invalidity, appeals and settlement of conflicting decisions18. Suspension of decision pending appeal |
| (1) | Subject to subsections (2) and (3), and unless the court under exceptional circumstances orders otherwise, the operation and execution of a decision which is the subject of an application for leave to appeal or of an appeal, is suspended pending the decision of the application or appeal. |
| (2) | Subject to subsection (3), unless the court under exceptional circumstances orders otherwise, the operation and execution of a decision that is an interlocutory order not having the effect of a final judgment, which is the subject of an application for leave to appeal or of an appeal, is not suspended pending the decision of the application or appeal. |
| (3) | A court may only order otherwise as contemplated in subsection (1) or (2), if the party who applied to the court to order otherwise, in addition proves on a balance of probabilities that he or she will suffer irreparable harm if the court does not so order and that the other party will not suffer irreparable harm if the court so orders. |
| (4) | If a court orders otherwise, as contemplated in subsection (1)— |
| (i) | the court must immediately record its reasons for doing so; |
| (ii) | the aggrieved party has an automatic right of appeal to the next highest court; |
| (iii) | the court hearing such an appeal must deal with it as a matter of extreme urgency; and |
| (iv) | such order will be automatically suspended, pending the outcome of such appeal. |
| (5) | For the purposes of subsections (1) and (2), a decision becomes the subject of an application for leave to appeal or of an appeal, as soon as an application for leave to appeal or a notice of appeal is lodged with the registrar in terms of the rules. |
