Comparison View

Formal Consolidation |  1998 RevEd
Stay of execution on appeal
42.—(1)  The filing of a notice of appeal shall not operate as a stay of execution of an order unless the tribunal or the High Court, as the case may be, otherwise orders.
(2)  Any stay of execution may be subject to such conditions as to costs, payment into a tribunal, the giving of security or otherwise as the tribunal or the Court thinks fit.
[39
Informal Consolidation | Amended Act 40 of 2019
Appeal does not operate as stay of execution
42.—(1)  An appeal against an order made by a tribunal under section 35 (called in this section a tribunal’s section 35 order) does not operate as a stay of execution of that order, unless the tribunal, a District Court or the General Division of the High Court orders otherwise.
[Act 40 of 2019 wef 02/01/2021]
(2)  A stay of execution of a tribunal’s section 35 order is subject to such conditions as the tribunal, a District Court or the General Division of the High Court (as the case may be) thinks fit to impose, including conditions as to costs, payment into the tribunal, District Court or General Division of the High Court (as the case may be) or the giving of security.
[Act 40 of 2019 wef 02/01/2021]
(3)  The General Division of the High Court may order a stay of execution of a tribunal’s section 35 order only if —
(a)a District Court has given leave under section 38(1A) to appeal against the tribunal’s section 35 order; and
(b)no application was made to the tribunal or any District Court for a stay of execution of the tribunal’s section 35 order.
[Act 40 of 2019 wef 02/01/2021]
(4)  Any order made under this section on an application for a stay of execution of a tribunal’s section 35 order is final and is not subject to an appeal.
[Act 33 of 2018 wef 01/11/2019]