CCT99/08

[2009] ZACC 7

2010 (2) SA 257 (CC)

2009 (8) BCLR 767 (CC)

Skweyiya J

3 December 2008

26 March 2009

http://hdl.handle.net/20.500.12144/3569

Urgent direct access two-part application for leave to appeal to the CC (1) against an interim order granted by the South Gauteng High Court, Johannesburg concerning a planned eviction (2) against an the order made by the High Court on 5 November 2008 which gave the first respondent the right to evict the applicants. The judgment provides reasons for the CC order granted on 3 December 2008.

Application for leave to appeal against an interim execution order seeking to prevent the execution of an eviction order while an appeal in respect of the eviction itself was pending in the Supreme Court of Appeal. Court held that an interim execution order was appealable when a constitutional issue was raised and that an eviction from one?s home always raised a constitutional issue. The applicants showed that they would suffer irreparable harm if the execution order was carried out as they would lose their homes. It was in the interests of justice to grant leave to appeal and to suspend the execution order. In considering appropriate relief in terms of section 38 of the Constitution, the Court held that it would be fair and just for its decision to be referred to the Supreme Court of Appeal to be adjudicated simultaneously with the appeal already pending in that Court on the merits of the eviction itself.