South Africa Case Law

Enoch Mgijima Municipality v Komani Protest Action (KPA) and Others (444/2023)

Enoch Mgijima Municipality v Komani Protest Action (KPA) and Others (444/2023) [2023] ZAECMKHC 64 (23 May 2023)

Court

Eastern Cape High Court, Makhanda

Case number

444/2023

Judge

T.V Norman

The court found that the respondents, while exercising their constitutional rights to protest, failed to comply with the Regulation of Gatherings Act by not giving proper written notice to the municipality. The respondents admitted to violent and unlawful conduct during the protests, including blockades and trashing of streets, which infringed on the rights of other citizens and disrupted municipal operations. The interim interdict sought and obtained was limited to restraining unlawful conduct, not peaceful protest. The court held that the applicant was justified in seeking urgent relief, bu…

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• Freedom Of Assembly
• Interdicts
• Regulation Of Gatherings Act
• Service Delivery Protests
• Municipal Governance
• Balancing Of Rights

Border-Kei Chamber Of Business and Another v Komani Protest Action Group ("KPA") and Others (442/2023)

Border-Kei Chamber Of Business and Another v Komani Protest Action Group ("KPA") and Others (442/2023) [2023] ZAECMKHC 62 (23 May 2023)

Court

Eastern Cape High Court, Makhanda

Case number

442/2023

Judge

T.V Norman

The court found that the respondents' conduct in forcing businesses to close during protest actions constituted unlawful interference with the applicants' right to trade. The threats, intimidation, and compilation of lists of businesses that remained open were clear evidence of conduct that went beyond lawful protest and amounted to coercion. The respondents failed to justify their actions or demonstrate any connection between the businesses and the service delivery obligations of the municipality. The applicants' right to trade continued to be under threat for as long as the protests persist…

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• Interdictory Relief
• Right To Trade
• Freedom Of Assembly
• Balancing Of Rights

Morganambal Mannaru and another v Robert MacLennan-Smith and others (271/2021)

Morganambal Mannaru and another v Robert MacLennan-Smith and others (271/2021) [2022] ZASCA 137; 2023 (2) SA 150 (SCA) (24 October 2022)

Court

Supreme Court of Appeal

Case number

271/2021

Judges

Van der Merwe, Mothle, Mabindla-Boqwana, Molefe, Masipa

The Supreme Court of Appeal held that the right of way servitude must be exercised in accordance with the civiliter modo principle, requiring a reasonable balancing of the rights of the dominant and servient owners. The erection of a gate across the servitude road, in the absence of an agreement to the contrary, is permissible provided it does not unreasonably interfere with the servient owner's rights. The high court correctly weighed the security concerns of the respondents against the appellants' access rights, ensuring that the appellants retained reasonable access to the servitude area.…

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• Servitude Right Of Way
• Civiliter Modo
• Gate Erection On Servitude
• Balancing Of Rights
• Arbitrary Deprivation Of Property
• Registration Of Servitude

Saloojee and Another v The Unlawful Occupiers of Erf 10742 (10410/2019)

Saloojee and Another v The Unlawful Occupiers of Erf 10742 (10410/2019) [2021] ZAGPJHC 730 (8 June 2021)

Court

South Gauteng High Court, Johannesburg

Case number

10410/2019

Judge

Kuny

The applicants have established ownership of the property and the respondents are unlawful occupiers who did not seek permission to occupy or erect dwellings. The PIE Act requires the court to consider whether eviction is just and equitable, taking into account the personal circumstances of the occupiers and the availability of alternative accommodation. The City of Johannesburg's assessment revealed that neither Mr Maluleke nor Ms Twala would be rendered homeless by eviction, as both have family homes or the financial means to secure rental accommodation. The court found no constitutional ob…

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• Prevention Of Illegal Eviction Act
• Section 26 Right To Housing
• Just And Equitable Eviction
• Temporary Emergency Accommodation
• Unlawful Occupation
• Balancing Of Rights

Clover SA (Pty) Ltd v General Industries Workers Union of South Africa and Others (J 1142/20)

Clover SA (Pty) Ltd v General Industries Workers Union of South Africa and Others (J 1142/20) [2020] ZALCJHB 226; [2021] 4 BLLR 419 (LC); (2021) 42 ILJ 1111 (LC) (31 October 2020)

Court

Labour Court Johannesburg

Case number

J 1142/20

Judge

Tlhotlhalemaje

The Labour Court dismissed an urgent bid to suspend picketing rules during a protected strike, finding the incidents cited did not justify drastic relief.

• Protected Strike
• Picketing Rules
• Urgent Interdict
• Contempt Proceedings
• Section 69 Lra
• Balancing Of Rights

Botha v Smuts and Another (2832/2019)

Botha v Smuts and Another (2832/2019) [2020] ZAECPEHC 19 (4 June 2020)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2832/2019

Judge

Roberson

The court found that the applicant's right to privacy was infringed by the respondents' publication of his personal information on Facebook in connection with a post about animal trapping practices. While the debate on animal welfare and trapping is a matter of public interest and protected by freedom of expression, the applicant's personal details—including his name, business and home address, and photograph—were not themselves matters of public interest and were not placed in the public domain for such broad dissemination. The court held that the applicant could reasonably expect that his p…

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• Right To Privacy
• Freedom Of Expression
• Interdict
• Balancing Of Rights

Hattingh and Others v Juta (CCT 50/12)

Hattingh and Others v Juta (CCT 50/12) [2013] ZACC 5; 2013 (3) SA 275 (CC); 2013 (5) BCLR 509 (CC) (14 March 2013)

Court

Constitutional Court

Case number

CCT 50/12

Judges

Zondo, Mogoeng, Moseneke, Cameron, Froneman, Jafta, Nkabinde, Skweyiya, Van der Westhuizen, Yacoob

The Constitutional Court held that section 6(2)(d) of ESTA does not restrict the right to family life to the nuclear family. The term 'family' includes adult children and extended family members, but the right is not absolute and must be balanced with the rights of the landowner. The Court found that, in this case, the applicants had no independent right to reside on the property and their continued occupation would be unjust and inequitable to the landowner, given the owner's need to accommodate his farm manager and the applicants' own admission that they sought alternative accommodation. Th…

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• Extension Of Security Of Tenure Act
• Right To Family Life
• Just And Equitable Eviction
• Balancing Of Rights
• Housing Backlog
• Constitutional Interpretation

Malema v Rampedi and Others (25571/2011)

Malema v Rampedi and Others (25571/2011) [2011] ZAGPJHC 76; 2011 (5) SA 631 (GSJ) (23 July 2011)

Court

South Gauteng High Court, Johannesburg

Case number

25571/2011

Judge

Lamont

Urgent defamation interdict refused after the court found a reasonable basis for publication and sufficient public-interest justification involving a public figure.

• Interdict
• Defamation
• Freedom Of Expression
• Public Interest
• Prima Facie Defamatory
• Balancing Of Rights

Growthpoint Properties Limited v South Africa Commercial Catering And Allied Workers Union (SACCAWU) and Others (6467/2010)

Growthpoint Properties Limited v South Africa Commercial Catering And Allied Workers Union (SACCAWU) and Others (6467/2010) [2010] ZAKZDHC 85 (3 September 2010)

Court

Kwazulu-Natal High Court, Durban

Case number

6467/2010

Judge

Dhaya Pillay

The High Court confirmed an interdict limiting noisy picketing at La Lucia Mall, holding that excessive noise constituted nuisance and had to be balanced against labour rights.

• Protected Strike
• Picketing Rules
• Nuisance
• Balancing Of Rights
• Interim Interdict
• Freedom Of Expression

Mustafa v Minister of Home Affairs and Others (Application for leave to appeal) (2009/52898)

Mustafa v Minister of Home Affairs and Others (Application for leave to appeal) (2009/52898) [2010] ZAGPJHC 2 (11 January 2010)

Court

South Gauteng High Court, Johannesburg

Case number

2009/52898

Judge

N.P. Willis

The High Court granted leave to appeal, finding reasonable prospects of success and noting the case raised novel legal issues and new legislation.

• Immigration Control
• Appeal Procedure
• Balancing Of Rights
• Leave-to-appeal
• Appeal-procedure
• Administrative-law