The Superior Courts Act, 2013 provides that an application for
leave to appeal, or an appeal, suspends the operation and execution
of a decision, pending the outcome of the application or appeal.
Consequently, a court order cannot be executed until the appeal
proceedings are determined.
This was reaffirmed by the Constitutional Court in the recently
delivered judgment in Minister of Finance v Sakeliga.
The Supreme Court of Appeal declared the Regulations made by the
Minister of Finance, in terms of the Preferential Procurement
Policy Framework Act, 2000, as invalid. The declaration of
invalidity was suspended for 12 months. According to a footnote in
the minority judgment of the SCA, the suspension expired on 2
November 2021 (being 12 months from the date of the SCA's
order). The minister applied for leave to appeal to the
Constitutional Court, which was dismissed. In a further application
to the Constitutional Court, the minister sought a variation of
