Afriforum v South African Human Rights Commission and Others (14370-2019) [2024] ZAGPJHC 317 (27 March 2024)
The court found that both the South African Human Rights Commission and Afriforum raised issues that warrant consideration by an appellate court. Leave to appeal was granted to the Commission against the order. Conditional leave to cross appeal was granted to Afriforum, subject to the appeal court determining that...
Source-derived case information.
- Citation
- [2024] ZAGPJHC 317
- Parties
- Applicant: Afriforum; Respondent: South African Human Rights Commission; Respondent: Chairperson: Bongani; Respondent: Commissioner Priscilla Jana N.O; Respondent: Julius Malema; Respondent: Economic Freedom Fighters
- Court
- South Gauteng High Court, Johannesburg
- Jurisdiction
- South Africa
- Case Number
- 14370/2019
- Procedural Posture
- Leave to Appeal / Application for Leave to Appeal and Conditional Cross Leave to Appeal
- Outcome
- Leave to appeal granted to the South African Human Rights Commission; conditional leave to cross appeal granted to Afriforum; costs of appeal and cross appeal to be costs in the appeal.
- Judges
- Roland Sutherland
- Legal Topics
- Review of Administrative Action, Leave to Appeal, Cross Appeal, Costs in the Appeal
Source-derived case record
Summary, issues, holding and outcome
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Parties
Afriforum
Applicant
South African Human Rights Commission
Respondent
Chairperson: Bongani
Respondent
Commissioner Priscilla Jana N.O
Respondent
Julius Malema
Respondent
Economic Freedom Fighters
Respondent
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Conditional Cross Leave to Appeal
Legal Issues
- 1 Whether leave to appeal should be granted to the South African Human Rights Commission against the High Court order.
- 2 Whether Afriforum should be granted conditional leave to cross appeal regarding the reviewability of the SAHRC decision of 8 March 2019.
- 3 Whether costs of appeal and cross appeal should be costs in the appeal itself.
Ratio Decidendi
The court found that both the South African Human Rights Commission and Afriforum raised issues that warrant consideration by an appellate court. Leave to appeal was granted to the Commission against the order. Conditional leave to cross appeal was granted to Afriforum, subject to the appeal court determining that the SAHRC's decision of 8 March 2019 is reviewable. The court held that the costs of both the appeal and cross appeal should be costs in the appeal itself, ensuring fairness to all parties. The judgment was delivered promptly and communicated via the court's digital system and email to the parties' attorneys.
Court Disposition
Leave to appeal granted to the South African Human Rights Commission; conditional leave to cross appeal granted to Afriforum; costs of appeal and cross appeal to be costs in the appeal.
Orders
- Leave to appeal is granted to the South African Human Rights Commission against the order.
- Conditional leave to cross appeal is granted to Afriforum, subject to the appeal court finding the SAHRC decision of 8 March 2019 reviewable.
Full Case Text
Judgment text and source record
74 paragraphs
REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, JOHANNESBURG
Case no: 14370/2019
31328/2019
1. REPORTABLE: no
2. OF INTEREST TO OTHER JUDGES: no
In the matter between:
AFRIFORUM
First Applicant
and
THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION First Respondent
THE CHAIRPERSON: BONGANI
Second Respondent
CHRISTOPHER MAJOLA N.O
COMMISSIONER PRISCILLA JANA N.O
Third Respondent
JULIUS MALEMA
Fourth Respondent
ECONOMIC FREEDOM FIGHTERS
Fifth Respondent
And,
FREDERIK WILLEM DE KLERK N.O
First Applicant
DAVID WHITEFOORDT STEWARD N.O
Second Applicant
HERMAN BAILEY N.O
Third Applicant
BEN COETZEE BESTER N.O
Fourth Applicant
WARREN ALEXANDER MORTEN CLEWLOW N.O Fifth Applicant
ELIZABETH DE KLERK N.O
Sixth Applicant
THEUNIS ELOFF N.O
Seventh Applicant
DEENADA YALEN KONAR N.O
Eighth Applicant
FORTUNATE MASHEBU MATHEBULA N.O
Ninth Applicant
And
THE SOUTH AFRICAN RIGHTS COMMISSION First Respondent
THE CHAIRPERSON: BONGANI
Second Respondent
COMMISSIONER PRISCILLA JANA N.O
Third Respondent
JULIUS MALEMA
Fourth Respondent
ECONOMIC FREEDOM FIGHTERS
Fifth Respondent
This judgment for application for leave to appeal has been delivered by uploading it to the caselines digital database of the Gauteng
Division of the High Court of South Africa, Johannesburg, and by email to the attorneys of record of the parties on 27 March 2024.
JUDGMENT ON LEAVE TO APPEAL
Sutherland DJP:
[1] In this matter, which is an application for leave to appeal, and then an application on a conditional basis for a cross leave to appeal.
[2] After hearing counsel I am satisfied that its appropriate that leave to appeal be granted and that the application for leave to cross appeal similarly be granted.
[3] Therefore, I make the following order:
(1) Leave to appeal is granted to the South African Human Rights Commission against the order.
(2) Leave to appeal is granted to the first applicant (Afriforum) in terms set out below:
2.1 That, conditional on the appeal court finding that the finding/decision of the South African Human Rights Commission (SAHRC) of 8 March 2019 constitutes a decision of the type that is reviewable, Afriforum be granted leave to cross appeal against the order contained in paragraph 2 of the High Court order in order to seek an order on appeal:
2.1.1 Granting the relief contained in the notice of motion of Afriforum, specifically that the decision of the SAHRC of 8 March 2019 be reviewed and set aside; alternatively be reviewed and corrected; alternatively
2.1.2 Remitting the case to the High Court for the further hearing of the matter on such terms as the appeal court may determine.
(3) The costs of the appeal and the cross appeal shall be costs in the appeal itself.
Roland Sutherland
Deputy Judge President, Gauteng Division, Johannesburg.
Heard: 27 March 2024
Judgment: 27 March 2024
Appearances:
For Afriforum:
Adv C Woodrow SC
Instructed by Hurter Spies Incorporated
For South African Human Rights Commission:
Adv K Pillay,
With her, Adv K Hardy
Instructed by South African Human Rights Commission