The South African jurisprudence, a Notice of Appeal filed successfully operates as a Stay, stays the Judgement and Orders of Court
…Section 18 of the Superior Courts Act provides that an application for leave to appeal or the appeal itself suspends the operation and execution of a decision unless the court orders otherwise…..
South African courts operate within a hybrid legal system based on the English common law, Roman-Dutch and customary laws.
In South Africa, filing an appeal, operates as a suspension (stay) of the execution of a court order or judgment, but not always automatically.
The specific rules depend on the type of order and the court involved.
Automatic Stay (General Rule):
The common law principle in South Africa is that the execution of a judgment or order is automatically suspended upon the noting of an appeal. This means the winning party generally cannot enforce the order until the appeal is decided.
Exceptions to Automatic Stay:
There are exceptions. For example, in some instances, the court that made the original order can order that the execution of the order continue despite the appeal.
Section 18 of the Superior Courts Act:
This Act provides that an application for leave to appeal or the appeal itself suspends the operation and execution of a decision unless the court orders otherwise.
Irreparable Harm Test:
If the winning party seeks to enforce the order despite the appeal, they need to prove that they will suffer irreparable harm if the order isn’t enforced, and that the losing party won’t suffer irreparable harm if it is,
