Section 18 of the Superior Courts Act 10 of 2013
(“the Act”) has significant
implications for commercial disputes in South Africa.
Section 18(1) provides that “unless the court under
exceptional circumstances orders otherwise, the operation and
execution of a decision which is the subject of an application for
leave to appeal or of an appeal, is suspended pending the decision
of the application or appeal.” Meanwhile, section 18(3)
of the Act requires a party applying to court to enforce an order
in its favour to “in addition prove on a balance of
probabilities that he or she will suffer irreparable harm if the
court does not so order and that the other party will not suffer
irreparable harm if the court so orders.”
