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Cited for the principle that what is in the interests of justice will depend on a careful evaluation of all the relevant considerations in a particular case.
Cited for the principle that the construction of provisions of operative domestic legislation consistent with the Constitution raises a constitutional issue.
Cited for the principle that what is in the interests of justice will depend on a careful evaluation of all the relevant considerations in a particular case.
Cited as an example of the Supreme Court of Appeal holding that the grant of an interim interdict is not susceptible to appeal.
The court cites the interests of justice standard and the consideration of whether irreparable harm or grave injustice would result without appellate…
Applied the approach that appealability should extend to the broader concept of interests of justice and that irreparable harm is an important consideration.
Court cites as authority for the general principles on appealability of orders.
Cited for the principle that testing the exercise of public power against legality and rationality falls within the judiciary's constitutional province.
Cited for the principle that the construction of provisions of operative domestic legislation consistent with the Constitution raises a constitutional issue.
Cited for the principle that the doctrine of separation of powers is part of our constitutional architecture and that the scheme is always one of partial…
Cited for the principle that courts are the ultimate guardians of the Constitution and have a constitutional obligation to ensure that other branches of…
Cited as an example of a judgment recognising the doctrine of separation of powers as part of our constitutional architecture.
Cited for the principle that the construction of provisions of operative domestic legislation consistent with the Constitution raises a constitutional issue.
Cited for the principle that prospects of success would be a crucial consideration in deciding whether to grant leave to appeal, but would not alone be…
Cited for the principle that a party seeking to intervene must have a direct and substantial interest in the subject matter, and that the overriding…
Cited for the holding that the principle of separation of powers recognises the functional independence of branches of government and the principle of checks…
Cited for the principle that prospects of success would be a crucial consideration in deciding whether to grant leave to appeal, but would not alone be…
Cited for the proposition that it is not a jurisdictional requirement for an appeal to this Court that the matter must involve a judgment or order within the…
Cited for the principle that separation of powers and the closely allied question of judicial deference in making orders is a constitutional matter, and for…
Cited for the principle that the primary consideration in determining whether it is in the interests of justice for a litigant to be granted leave to appeal…
The Constitutional Court granted leave to appeal, held that the interim interdict was appealable despite its interim nature as it had a final effect, found…
The court distinguished this case on the facts and held it was not authority for the proposition that if ITAC has botched its investigative processes the High…
Cited for the principle that policy considerations underlying the non-appealability of interim execution orders in terms of the Supreme Court Act are also…
Cited for the principle that a party seeking to intervene must have a direct and substantial interest in the subject matter.
Cited for the principle that the construction of provisions of operative domestic legislation consistent with the Constitution raises a constitutional issue.
Cited for the principle that in our constitutional democracy, all public power is subject to constitutional control.
Cited for the principle that what is of paramount importance in deciding whether a judgment is appealable is the interests of justice.
Cited for the proposition that the Anti-Dumping Agreement is binding on the Republic in international law, even though it has not been specifically enacted…
Cited for the principle that a party seeking to intervene must have a direct and substantial interest in the subject matter.
Cited for the principle that courts not only have the right to intervene to prevent violation of the Constitution, but also have the duty to do so.
Cited for the principle that where an interim order is intended to have an immediate effect and will not be reconsidered on the same facts in the main…
Cited as an example of the Supreme Court of Appeal holding that the grant of an interim interdict is not susceptible to appeal.
Cited for the principle that a party seeking to intervene must have a direct and substantial interest in the subject matter.
Cited as authority on appealability of interlocutory orders.
The Court applies the test from SCAW for evaluating appealability of interim orders based on the interests of justice, considering factors including the kind…
Applied to determine that Biowatch principle does not apply to this commercial matter where a private party did not raise constitutional issues and costs…
The court applies the summary of the Zweni requirements as set out in this Constitutional Court judgment.
Court followed the Constitutional Court's confirmation that interests of justice may require a departure from the rule against piecemeal appeals in unusual…
Cited for the proposition that to ascertain the purpose and intention of an order, it needs to be considered in the light of the judgment as a whole to fully…
Cited as one of the factors for determining interests of justice in granting leave, namely the kind and importance of the constitutional issue raised.
Court applies the principle that the requirements for appealability must be considered disjunctively rather than conjunctively, and that an order is appealable…
Followed for endorsing the Metlika approach and holding that the test of finality and appealability must consider interests of justice, including irreparable…
Cited for the Constitutional Court's elaboration on the interests of justice test, weighing factors such as irreparable harm and the importance of the issue…
Cited for the definition of 'dumping' in international trade law and the principle that decisions to impose, change or remove anti-dumping duties constitute…
Cited for the general proposition that anti-dumping duties are harnessed to counteract or reduce harmful dumping and other adverse trade practices.
Constitutional Court approval of Zweni on the three attributes of appealable decisions.
Cited for the policy considerations underlying a court's hesitancy to hear appeals of interim orders and that the relative weight of each factor in determining…
Cited for the principle that what is in the interests of justice will depend on a careful evaluation of all the relevant considerations in a particular case.
Cited for the principle that all public power is subject to constitutional control and the courts must observe the limits of their own power in enforcing…
Cited for the principle that decisions without final effect may be of limited appeal value.
Cited for the principle that prospects of success are not exhaustive of the interests of justice enquiry.
Cited for the proposition that certain decisions reside in the heartland of the exercise of national and provincial executive authority, referencing para 44.
Applied to explain the constitutionally prescribed standard for when it is in the interests of justice for the Constitutional Court to hear an appeal,…
Cited for concerns relating to the doctrine of separation of powers and judicial deference where courts might usurp powers assigned to a different sphere of…
Cited in support of adapting general principles on appealability to accord with the interests of justice standard.
Cited for endorsing the test for joinder requiring a direct and substantial interest in the subject matter.
Applied the jurisprudence on appealability of orders, including that the decision must be final in effect, definitive of the rights of parties, and dispose of…
Cited as authority supporting the Zweni test for appealability of orders.
Cited for the principle that confirmation proceedings are directed at confirmation of the order, not the reasoning.
Cited for the test of an appealable decision.
Cited for the interests of justice test for appealability of interim orders; the kind and importance of the constitutional issue raised; whether allowing the…
Cited to summarise the Zweni trilogy of requirements for appealability: finality in effect, definitiveness of rights, and disposal of substantial portion of…
Applied for the principle that the interests of justice test requires a careful balancing of all relevant factors.
Applied principles on appealability and the role of interests of justice, including the consideration of irreparable harm.