Go Touch Down Resort-Season CC and Another v Farm Rural Informal Dwellers Association and Another (60735/2021) [2022] ZAGPPHC 50 (20 January 2022)

Go Touch Down Resort-Season CC and Another v Farm Rural Informal Dwellers Association and Another (60735/2021) [2022] ZAGPPHC 50 (20 January 2022)

The court found that the Applicants established a prima facie right to protection against unlawful gatherings and protests on their premises, as the Respondents failed to demonstrate compliance with the Regulation of Gatherings Act and did not refute allegations of interference with business operations. The urgency was justified by ongoing threats of further gatherings and the risk of irreparable harm to the Applicants' business and reputation. The Respondents are not employees nor a registered trade union, and thus have no standing to interfere with the Applicants' operations. The requirements for an interim interdict were satisfied, and the court granted a rule nisi as an interim order,...

Citation
[2022] ZAGPPHC 50
Parties
Applicant: Go Touch Down Resort-Season CC; Applicant: Belrex 478 CC; Respondent: Farm Rural Informal Dwellers Association; Respondent: Kgomotso Modiselle
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 January 2022
Case Number
60735/2021
Procedural Posture
Urgent Application / Interim Interdict on Urgent Roll
Outcome
Interim interdict granted; rule nisi issued restraining Respondents from unlawful conduct pending return date; each party to pay own costs.
Judges
Maumela
Legal Topics
Interim Interdict, Regulation of Gatherings Act, Constitutional Rights, Jurisdiction, Balance of Convenience
Civil Procedure Administrative Law Interim Interdict Regulation of Gatherings Act Constitutional Rights Jurisdiction Balance of Convenience

Case Brief

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Parties

Go Touch Down Resort-Season CC

Applicant

Belrex 478 CC

Applicant

Farm Rural Informal Dwellers Association

Respondent

Kgomotso Modiselle

Respondent

Procedural Posture

Urgent Application / Interim Interdict on Urgent Roll

Legal Issues

  1. 1 Whether the Respondents contravened the Regulation of Gatherings Act during protest actions.
  2. 2 Whether the Applicants are entitled to an interim interdict restraining unlawful conduct on their premises.
  3. 3 Whether the matter falls within the jurisdiction of the High Court or the Labour Court.

Ratio Decidendi

The court found that the Applicants established a prima facie right to protection against unlawful gatherings and protests on their premises, as the Respondents failed to demonstrate compliance with the Regulation of Gatherings Act and did not refute allegations of interference with business operations. The urgency was justified by ongoing threats of further gatherings and the risk of irreparable harm to the Applicants' business and reputation. The Respondents are not employees nor a registered trade union, and thus have no standing to interfere with the Applicants' operations. The requirements for an interim interdict were satisfied, and the court granted a rule nisi as an interim order,...

Court Disposition

Interim interdict granted; rule nisi issued restraining Respondents from unlawful conduct pending return date; each party to pay own costs.

Orders

  • A rule nisi is issued, calling upon the Respondents and all other interested parties to show cause on 16 March 2022 why the order should not be confirmed.
  • The Respondents are interdicted and restrained from participating in, or inciting others to participate in, any unlawful conduct, gatherings, or protests on the Applicants' premises or access roads.