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Ntlemeza v Helen Suzman Foundation [2017] ZASCA 93 (9 June 2017) Ntlemeza v Helen Suzman Foundation [2017] ZASCA 93 (9 June 2017) hotpic

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Application in terms of s 18 of the Superior Courts Act 10 of 2013 for execution order pending finalisation of an appeal process: whether refusal of an application for leave to appeal stultifies application for leave to execute notwithstanding that a further application for leave to appeal to next highest court envisaged: whether applicant for execution order proved existence of exceptional circumstances as contemplated in s 18(1): whether respondent, in terms of s 18(3), proved on balance of probabilities that it will suffer irreparable harm in the event of the execution order not being granted and that the appellant would not: provisions of s 18(4) discussed: requirement that court must ‘immediately record’ its reasons for granting execution order: meaning of ‘next highest court’ not entirely clear: whether two parallel appeal processes in the same appeal court in the same case desirable. 
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Created 2017-06-09
Changed 2017-12-19
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