Solidarity and Another v Black First Land First and Others (163/2020) [2021] ZASCA 26 (24 March 2021)

Solidarity and Another v Black First Land First and Others (163/2020) [2021] ZASCA 26 (24 March 2021)

The Supreme Court of Appeal found that the Equality Court failed to discharge its primary function by declaring the proceedings a nullity and declining to resolve the dispute. The order issued was neither final nor enforceable, leaving the parties without a binding decision. The high court was required to consider the impact of the Qwelane judgment on the constitutionality of section 10 of the Equality Act, but regardless of its relevance, the court was obliged to render a decision on the merits. The matter had reached an advanced stage, with arguments heard and judgment reserved, and should have been finalised by the presiding judge. The Supreme Court of Appeal held that the only...

Citation
[2021] ZASCA 26
Parties
Appellant: Solidarity; Appellant: Bereaved Families as per Annexure A; Respondent: Black First Land First; Respondent: Lindsay Maasdorp; Respondent: Zwelakhe Dubasi
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
24 March 2021
Case Number
163/2020
Procedural Posture
Civil Appeal / Appeal From Equality Court, Gauteng Division of the High Court
Outcome
Appeal upheld; order of the court a quo set aside; matter remitted to the Equality Court for finalisation; no order as to costs.
Judges
Ponnan, Molemela, Nicholls, Goosen, Unterhalter
Legal Topics
Hate Speech, Promotion of Equality and Prevention of Unfair Discrimination Act, Judicial Finality, Remittal of Proceedings
Constitutional Law Civil Procedure Hate Speech Promotion of Equality and Prevention of Unfair Discrimination Act Judicial Finality Remittal of Proceedings

Case Brief

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Parties

Solidarity

Appellant

Bereaved Families as per Annexure A

Appellant

Black First Land First

Respondent

Lindsay Maasdorp

Respondent

Zwelakhe Dubasi

Respondent

Procedural Posture

Civil Appeal / Appeal From Equality Court, Gauteng Division of the High Court

Legal Issues

  1. 1 Did the Equality Court err by declaring its own proceedings a nullity instead of determining the dispute before it?
  2. 2 Should the matter be remitted to the Equality Court for final determination?
  3. 3 Was the order of the court a quo capable of enforcement and did it achieve finality?

Ratio Decidendi

The Supreme Court of Appeal found that the Equality Court failed to discharge its primary function by declaring the proceedings a nullity and declining to resolve the dispute. The order issued was neither final nor enforceable, leaving the parties without a binding decision. The high court was required to consider the impact of the Qwelane judgment on the constitutionality of section 10 of the Equality Act, but regardless of its relevance, the court was obliged to render a decision on the merits. The matter had reached an advanced stage, with arguments heard and judgment reserved, and should have been finalised by the presiding judge. The Supreme Court of Appeal held that the only...

Court Disposition

Appeal upheld; order of the court a quo set aside; matter remitted to the Equality Court for finalisation; no order as to costs.

Orders

  • The appeal is upheld.
  • The order of the court a quo is set aside.