Van Niekerk & Others v Van Niekerk & Another

The appellants sought to appeal an order of the Port Elizabeth High Court dismissing their application to set aside an Anton Piller order that had been granted ex parte for the preservation of evidence. The High Court also refused leave to appeal on the basis that the order was not appealable. The appellants then obtained leave from the Supreme Court of Appeal to challenge whether such an order, or the refusal to set it aside, was appealable.

The appeal was struck from the roll with costs, including the costs of two counsel, on the basis that the order appealed against was not appealable.

The case authoritatively confirms that the grant of an Anton Piller order, and an order refusing to set it aside, are generally not appealable in South African law. It reinforces the Zweni test for appealability and underscores the policy against piecemeal appeals, particularly in relation to interlocutory and procedural orders aimed at preserving evidence.