In Lebashe Investment Group (Pty) Ltd and Others v United
Democratic Movement and Another
("Lebashe"), the Supreme Court
of Appeal ("SCA") considered the
appealability of an order dismissing an exception.
The nature of an order dismissing an
exception
An order dismissing an exception is classified as an
interlocutory order. In general, interlocutory orders are not
appealable. This is because fragmenting a case through appeals on
individual aspects before the matter is fully resolved in the court
of first instance is undesirable.
The SCA, in TWK Agriculture Holdings (Pty) Ltd v Hoogveld
Boerderybeleggings (Pty) Ltd and Others, held that an order
dismissing an exception is not appealable. Notwithstanding this,
the Constitutional Court, in Mineral Sands Resources (Pty) Ltd
and Others v Reddell and Others, held that the appealability
of an order dismissing an exception is dependent on whether it is
in the interests of justice to grant leave to appeal.
