City of Tshwane Metropolitan Municipality v Vresthena (Pty) Ltd and Others

Vresthena (Pty) Ltd owned six sectional title units in Zambesi Retail Park, supplied with electricity and water through a single municipal supply point managed via a dysfunctional body corporate. Due to non-payment by tenants and occupiers, the City of Tshwane disconnected electricity and water services. Vresthena obtained an urgent interim High Court order compelling restoration of services. When the City sought leave to appeal, Vresthena successfully applied under s 18(3) of the Superior Courts Act for the interim order to operate pending appeal. The City exercised its automatic right of appeal under s 18(4) to the full court, which dismissed the appeal. The City then attempted to lodge a further appeal to the Supreme Court of Appeal, contending that s 18(4) permits multiple appeals to successive higher courts.

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

The judgment authoritatively clarifies the scope of s 18(4) of the Superior Courts Act, confirming that it permits only a single automatic appeal to the immediately higher court. It reinforces finality and urgency in execution pending appeal matters, prevents abuse of interlocutory appeal processes, and provides certainty on the interaction between s 18(4) and constitutional access-to-courts arguments.