Z.B v W.B (A115/2023) [2023] ZAWCHC 314 (28 November 2023)

Z.B v W.B (A115/2023) [2023] ZAWCHC 314 (28 November 2023)

The court found that the appellant and respondent were in a domestic relationship as defined by the Domestic Violence Act, being previously married and having lived together. The appellant's conduct, including harassment, intimidation, and threats directed at the respondent and his employees, constituted a pattern of domestic violence towards the respondent. The magistrate correctly considered the totality of the evidence, including supporting affidavits, and found that the respondent had a reasonable apprehension of harm. The appellant's denial of the allegations did not raise a genuine dispute of fact warranting oral evidence. The protection order was correctly granted in favour of the...

Citation
[2023] ZAWCHC 314
Parties
Appellant: Z[...] B[...]; Respondent: W[...] B[...]
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
28 November 2023
Case Number
A115/2023
Procedural Posture
Civil Appeal / Appeal Against Confirmation of Final Protection Order Under Domestic Violence Act
Outcome
Appeal dismissed with costs, except for the clause prohibiting social media posts, which was set aside.
Judges
Ralarala, Dolamo
Legal Topics
Domestic Violence Act, Protection Order, Domestic Relationship, Harassment, Abuse of Process
Family and Children Civil Procedure Domestic Violence Act Protection Order Domestic Relationship Harassment Abuse of Process

Case Brief

Summary, issues, holding and outcome

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Parties

Z[...] B[...]

Appellant

W[...] B[...]

Respondent

Procedural Posture

Civil Appeal / Appeal Against Confirmation of Final Protection Order Under Domestic Violence Act

Legal Issues

  1. 1 Whether the magistrate was correct in confirming the interim protection order against the appellant.
  2. 2 Whether the respondent's employees are persons in a domestic relationship with the appellant for purposes of the Act.
  3. 3 Whether the appellant's conduct constituted domestic violence under the Domestic Violence Act.

Ratio Decidendi

The court found that the appellant and respondent were in a domestic relationship as defined by the Domestic Violence Act, being previously married and having lived together. The appellant's conduct, including harassment, intimidation, and threats directed at the respondent and his employees, constituted a pattern of domestic violence towards the respondent. The magistrate correctly considered the totality of the evidence, including supporting affidavits, and found that the respondent had a reasonable apprehension of harm. The appellant's denial of the allegations did not raise a genuine dispute of fact warranting oral evidence. The protection order was correctly granted in favour of the...

Court Disposition

Appeal dismissed with costs, except for the clause prohibiting social media posts, which was set aside.

Orders

  • The order prohibiting the appellant from posting or disseminating anything about the respondent, his business, or employees on social media is set aside.
  • The appeal in respect of the other remaining orders of the protection order is dismissed.