Does section 18 of the Superior Courts Act offend the Constitution?

Advocate Carol Steinberg:    Thulamela Chambers

Does section 18 of the Superior Courts Act offend the Constitution?

When an unsuccessful litigant applies to appeal a high court order, the operation of the order is automatically suspended pending the determination of the appeal.  In exceptional circumstances, the court may decide that the order should be enforced pending the appeal.

The enforcement of an order pending an appeal is sometimes critical to the outcome of the case.  For example, if a court interdicts the transfer of […]