South Africa Case Law

Society for the Protection of Our Constitution v Government of the Republic of South Africa and Others (2025-062902)

Society for the Protection of Our Constitution v Government of the Republic of South Africa and Others (2025-062902) [2025] ZAGPPHC 588 (6 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025-062902

Judge

S. Potterill

The application was dismissed on multiple grounds. The withdrawal of claims against the foreign states rendered the orders sought obsolete, as the Court cannot make orders against parties not cited. The relief sought involved matters of foreign policy, diplomacy, and military intervention, which fall exclusively within the executive domain and are not justiciable. The applicant failed to establish standing, as no infringement of its own rights or those of an identifiable group was demonstrated, and the alleged harm was speculative and unsupported by evidence. The urgency of the matter was not…

Source excerpt

• Separation Of Powers
• Foreign State Immunity
• Standing
• Urgent Interdict
• Genocide Convention
• Jurisdiction

S v Ephraim and Others (SS70/2021)

S v Ephraim and Others (SS70/2021) [2025] ZAGPJHC 410 (14 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

SS70/2021

Judge

D Dosio

The court finds that crimes against humanity, including apartheid-era murders, are not subject to statutory limitation under South African law. Section 232 of the Constitution incorporates customary international law, which recognises such crimes as imprescriptible and prosecutable regardless of when committed. The principle of legality is not violated, as these crimes were recognised under international law at the time of commission. The ICC Act does not preclude prosecution for acts committed before its enactment, as section 232 provides an independent legal basis. Alleged political interfe…

Source excerpt

• Customary International Law
• Crime Against Humanity
• Apartheid
• Statute Of Limitations
• Principle Of Legality
• Section 232 Constitution

J.R.S v K.D.Z-S and Another (2025/027753)

J.R.S v K.D.Z-S and Another (2025/027753) [2025] ZAWCHC 96 (10 March 2025)

Court

Western Cape High Court, Cape Town

Case number

2025/027753

Judge

Thulare

Urgent Hague Convention enforcement application granted, with the Western Cape High Court ordering immediate implementation of the Johannesburg return order and no costs.

• Hague Convention Child Abduction
• Enforcement Of Foreign Judgments
• Best Interests Of Child
• Primary Caregiver
• Jurisdiction Of Foreign Courts
• Hague-convention-child-abduction

Agboraw N.O and Another v Minister of International Relations and Co-operation and Others (Leave to Appeal) (2024-096838)

Agboraw N.O and Another v Minister of International Relations and Co-operation and Others (Leave to Appeal) (2024-096838) [2024] ZAGPPHC 1123 (1 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

2024-096838

Judge

Mooki

Leave to appeal was dismissed. The court held that AFCONE lacked standing under the Host Agreement and that it could not grant relief tied to proceedings before international bodies.

• Diplomatic Immunity
• Host Agreement Interpretation
• Interim Relief
• Judicial Discretion
• International Obligations
• Review Of Administrative Action

Central Authority for the Republic of South Africa and Another v K.Z-S (47309/2024)

Central Authority for the Republic of South Africa and Another v K.Z-S (47309/2024) [2024] ZAGPJHC 890 (10 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

47309/2024

Judge

Mahalelo

The court found that Germany was the habitual residence of the minor children immediately prior to their retention in South Africa, based on their residence, school enrolment, and family connections in Munich. The respondent's retention of the children in South Africa after the agreed holiday period was unlawful and breached the second applicant's rights of custody. The respondent failed to establish, on a balance of probabilities, that returning the children to Germany would expose them to a grave risk of physical or psychological harm or place them in an intolerable situation as required by…

Source excerpt

• Hague Convention Child Abduction
• Habitual Residence
• Best Interests Of Child
• Grave Risk Exception
• Shared Custody
• Psychological Harm

Schultz v Minister of Justice and Correctional Services and Others (76/2023)

Schultz v Minister of Justice and Correctional Services and Others (76/2023) [2024] ZASCA 77; 2024 (2) SACR 294 (SCA) (23 May 2024)

Court

Supreme Court of Appeal

Case number

76/2023

Judges

Mothle, Hughes, Mabindla-Boqwana, Seegobin, Keightley

The Supreme Court of Appeal held that the power to make an extradition request to a foreign State, specifically the United States, vests exclusively in the Minister of Justice as a member of the national executive. This conclusion is supported by the Constitution, the Extradition Act, and customary international law. The Court reasoned that extradition requests are acts of sovereignty between States and inherently implicate foreign relations, which are the preserve of the executive. The absence of express provisions in the Extradition Act regarding outgoing requests does not negate the Minist…

Source excerpt

• Extradition Act
• Executive Powers
• Separation Of Powers
• Customary International Law
• Ministerial Discretion
• Prosecutorial Independence

Lindsey and Others v Conteh (774/2022)

Lindsey and Others v Conteh (774/2022) [2024] ZASCA 13; 2024 (3) SA 68 (SCA) (6 February 2024)

Court

Supreme Court of Appeal

Case number

774/2022

Judges

Saldulker, Hughes, Mabindla-Boqwana, Matojane, Unterhalter

The Supreme Court of Appeal held that Californian orders for delivery of shares were not a money judgment or liquid document, so provisional sentence failed.

• Enforcement Of Foreign Judgments
• Provisional Sentence
• Liquid Documents
• Derivative Actions
• Shareholder Disputes
• Private International Law

Magudumana v Director of Public Prosecutions Free State and Others (2484/2023)

Magudumana v Director of Public Prosecutions Free State and Others (2484/2023) [2023] ZAFSHC 271 (18 July 2023)

Court

Free State High Court, Bloemfontein

Case number

2484/2023

Judge

P.J. Loubser

The court found that the applicant had willingly acquiesced to her transportation from Tanzania to South Africa, and the facts as presented by the respondents did not support the applicant's allegations of unlawful extradition or abduction. The relief sought in the notice of motion was not based on constitutional grounds, and the applicant failed to properly place the issue of constitutional invalidity before the court. The court held that there was no reasonable prospect that another court would find differently on the facts or the law, and that the cases cited by the applicant regarding wai…

Source excerpt

• Extradition Without Due Process
• Waiver Of Constitutional Rights
• Prospects Of Success On Appeal
• Consent In Extradition
• Doctrine Of Objective Invalidity

Pitja v United States of America (JS 528/2022)

Pitja v United States of America (JS 528/2022) [2023] ZALCJHB 152; [2023] 8 BLLR 833 (LC); (2023) 44 ILJ 2294 (LC) (23 May 2023)

Court

Labour Court Johannesburg

Case number

JS 528/2022

Judge

Van Niekerk

The court found that the applicant was employed as a visa assistant at the US consulate, which is part of the US diplomatic mission and a component of the Department of State. His duties placed him squarely within the definition of consular staff under section 5(2)(b) of the Foreign States Immunities Act. As such, the exception to immunity for employment contracts did not apply, and the respondent retained immunity from the jurisdiction of the Labour Court. Previous decisions of the Labour Court supported this interpretation, and none of the authorities cited by the applicant undermined this…

Source excerpt

• Foreign State Immunity
• Contracts Of Employment
• Jurisdiction Of Labour Court
• Diplomatic And Consular Staff
• Basic Conditions Of Employment Act

Pitja v CCMA and Others (JR2186/21)

Pitja v CCMA and Others (JR2186/21) [2023] ZALCJHB 79 (16 March 2023)

Court

Labour Court Johannesburg

Case number

JR2186/21

Judge

N P Voyi

The Labour Court dismissed a review of a CCMA jurisdictional ruling, holding that the Consulate enjoyed immunity under the Foreign States Immunities Act.

• Foreign States Immunity
• Jurisdiction Of Ccma
• Unfair Dismissal
• Advisory Award
• Condonation Of Late Filing
• Foreign-states-immunity