Click here to read the full judgment on Saflii
Summary: Application for leave to appeal against an interim interdict restraining public hearings in a s 89 impeachment enquiry — s 17(1) of the Superior Courts Act 10 of 2013 — the conditions in paras (a), (b) and (c) are cumulative — appealability governed by the interests of justice and going to the jurisdiction of the court of appeal, which a grant of leave below does not bind — meaning of “falls within the ambit of section 16(2)(a)” in s 17(1)(b) — the description of the class of case is directed to the court of first instance, the discretion to hear a moot appeal is reserved to the court of appeal — same result on the alternative construction — order lapsing before any appeal can be heard — stare decisis and earlier full bench decisions of the same Division sitting at first instance — leave refused notwithstanding that two of the grounds raise unsettled questions of law.
EMAIL THIS ARTICLE SAVE THIS ARTICLE ARTICLE ENQUIRY FEEDBACK
To subscribe email subscriptions@creamermedia.co.za or click here
To advertise email advertising@creamermedia.co.za or click here









