Hashtag Movement v Ethiopian Church of South Africa and Others

The appellant, Hashtag Movement, sought to prosecute an automatic appeal in terms of section 18(4) of the Superior Courts Act 10 of 2013 against an order granted by a single judge of the Eastern Cape Division of the High Court, Bhisho. The appeal was brought directly to the Supreme Court of Appeal (SCA). The underlying order had been made in terms of section 18(1) of the Act, dealing with the execution of a judgment pending appeal. The respondents opposed the appeal on the basis that the SCA lacked jurisdiction.

The appeal was struck from the roll with costs, including the costs of two counsel.

The judgment reaffirms the strict application of the court hierarchy and clarifies the interpretation of section 18(4) of the Superior Courts Act. It confirms that automatic appeals against section 18 orders made by a single High Court judge must be brought before the full court of that division, thereby preventing litigants from bypassing the prescribed appellate structure. The decision reinforces jurisdictional discipline in appellate proceedings.