What Constitutes "Exceptional Circumstances" In Order To Avoid An Appeal From Suspending An Order?

Section 18(1) of the Superior Courts Act 10 of 2013 ("the Act") permits a court to make effective a decision pending an appeal under "exceptional circumstances". This will be ordered where a litigant, in terms of section 18(3) of the Act, is additionally able to show that he or she will suffer "irreparable harm" if the court does not order a suspension. A litigant must also show that the other party to the suit will not suffer "irreparable harm" if the court orders execution of the order, despite an application for leave to appeal.

In the case of Tyte Security Services CC v Western Cape Provincial Government and Others, the Supreme Court of Appeal ("the SCA") dealt with how sections 18(1) and 18(3) of the Act operate. The court specifically focused on what constitutes exceptional circumstances.