South Africa Case Law

Swartz v Butcher N.O and Others (A144/2024)

Swartz v Butcher N.O and Others (A144/2024) [2024] ZAWCHC 405 (29 November 2024)

Court

Western Cape High Court, Cape Town

Case number

A144/2024

Judges

Nuku, Bhoopchand

The appeal was dismissed because the Magistrate’s Court complied with the procedural and substantive requirements of PIE. The appellant was found to be in unlawful occupation, having failed to pay rent and received proper notice of lease termination. The Magistrate proactively facilitated the provision of a City housing report and gave the appellant opportunities to provide personal information and seek assistance, which she repeatedly declined. The appellant’s waiver of City assistance and failure to complete the housing questionnaire meant the Magistrate had sufficient grounds to proceed. T…

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• Prevention Of Illegal Eviction Act
• Just And Equitable Eviction
• Right Of Access To Housing
• Procedural Fairness
• Locus Standi
• Children's Rights

D.S.S v MEC for Health Gauteng (2447/2018)

D.S.S v MEC for Health Gauteng (2447/2018) [2024] ZAGPPHC 1199 (15 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

2447/2018

Judge

M J Teffo

High Court quantum judgment for twins harmed by medical negligence, awarding damages for caregiving, medical care, loss of earnings, general damages, and protected trusts.

• Medical Negligence
• Quantum Of Damages
• Protection Of Award
• Children's Rights
• Contingency Deductions
• Trusts And Curatorship

L.E.A v A.J.A (990/2024)

L.E.A v A.J.A (990/2024) [2024] ZANWHC 142 (21 June 2024)

Court

North West High Court, Mafikeng

Case number

990/2024

Judge

Mfenyana

Rule 43 interim maintenance application succeeded. The court ordered monthly maintenance, school fees, medical aid coverage, and a legal-costs contribution.

• Maintenance
• Contribution To Costs
• Children's Rights
• Interim Relief
• Parental Responsibility
• Rule-43

Jacobs and Others v Bester and Others (LCC 02R/2023)

Jacobs and Others v Bester and Others (LCC 02R/2023) [2023] ZALCC 2 (7 February 2023)

Court

Land Claims Court

Case number

LCC 02R/2023

Judge

Flatela

The Land Claims Court found that the Magistrate erred in granting the eviction order. The termination of the respondents' right of occupation was not just and equitable as required by ESTA. The Magistrate failed to properly consider all relevant factors, including the respondents' lack of alternative accommodation, the special protection afforded to long-term occupiers, and the impact of eviction on children. The probation officer's report, which recommended against eviction and confirmed the second respondent's permanent rights of residence, was ignored. The applicants did not demonstrate an…

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• Extension Of Security Of Tenure Act
• Just And Equitable Eviction
• Long Term Occupier Protection
• Right To Housing
• Procedural Fairness
• Children's Rights

Paul De Villers Family Trust and Others v Pietersen and Others (06R2023; 2410/21)

Paul De Villers Family Trust and Others v Pietersen and Others (06R2023; 2410/21) [2023] ZALCC 6 (28 January 2023)

Court

Land Claims Court

Case number

06R2023; 2410/21

Judge

Flatela

The Land Claims Court found that the settlement agreement, made an order of court by the magistrate, was in substance an eviction order that failed to comply with the mandatory requirements of ESTA. The agreement bypassed the statutory protections for occupiers, including the need for substantive and procedural fairness, proper consideration of the probation officer's report, and assurance of suitable alternative accommodation. The probation officer's report expressly recommended against eviction due to the respondents' indigent status, lack of alternative accommodation, and the presence of v…

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• Extension Of Security Of Tenure Act
• Eviction Procedure
• Just And Equitable Standard
• Probation Officer Report
• Right To Housing
• Children's Rights

Du Plessis and Another v Ross and Others (LCC257/2017)

Du Plessis and Another v Ross and Others (LCC257/2017) [2020] ZALCC 30 (26 May 2020)

Court

Land Claims Court

Case number

LCC257/2017

Judge

S J Cowen

The court granted an ESTA eviction, found Mrs Ross was an occupier in her own right, and ordered compensation for improvements made to the dwelling.

• Extension Of Security Of Tenure Act
• Eviction Of Occupiers
• Just And Equitable Termination
• Compensation For Improvements
• Procedural Fairness
• Children's Rights

YG v S (A263/2016)

YG v S (A263/2016) [2017] ZAGPJHC 290; 2018 (1) SACR 64 (GJ) (19 October 2017)

Court

South Gauteng High Court, Johannesburg

Case number

A263/2016

Judges

R M Keightley, E Francis

The High Court held that the common-law defence of reasonable chastisement is unconstitutional and applies only prospectively, while dismissing the appeal.

• Assault
• Reasonable Chastisement
• Children's Rights
• Constitutional Invalidity
• Parental Discipline
• Best Interests Of Child

Nyeleti's Children Home and Another v Aron and Others (2016/43678)

Nyeleti's Children Home and Another v Aron and Others (2016/43678) [2017] ZAGPJHC 462 (29 September 2017)

Court

South Gauteng High Court, Johannesburg

Case number

2016/43678

Judge

Windell

The High Court extended an interim order restoring electricity at a property used as a children’s home, despite arrears, and postponed the main application.

• Municipal Services
• Electricity Supply Disconnection
• Interim Relief
• Joinder Of Parties
• Constitutional Rights
• Children's Rights

De Vos N.O and Others v Minister of Justice And Constitutional Development and Others (CCT 150/14)

De Vos N.O and Others v Minister of Justice And Constitutional Development and Others (CCT 150/14) [2015] ZACC 21; 2015 (2) SACR 217 (CC); 2015 (9) BCLR 1026 (CC) (26 June 2015)

Court

Constitutional Court

Case number

CCT 150/14

Judges

Mogoeng, Moseneke, Froneman, Khampepe, Leeuw, Madlanga, Nkabinde, Tshiqi, Van der Westhuizen, Zondo

The Constitutional Court held that section 77(6)(a)(i) and (ii) of the Criminal Procedure Act unjustifiably mandated detention of accused persons with mental disability.

• Deprivation Of Liberty
• Mental Health And Criminal Responsibility
• Children's Rights
• Equality And Non Discrimination
• Remedies For Unconstitutional Legislation
• Freedom-and-security-of-the-person

Madzodzo and Others v Minister of Basic Education and Others (2144/2012)

Madzodzo and Others v Minister of Basic Education and Others (2144/2012) [2014] ZAECMHC 5; [2014] 2 All SA 339 (ECM); 2014 (3) SA 441 (ECM) (20 February 2014)

Court

Eastern Cape High Court, Mthatha

Case number

2144/2012

Judge

Goosen

The court found that the respondents' failure to provide adequate, age and grade appropriate furniture to public schools in the Eastern Cape constitutes a breach of learners' constitutional rights to basic education, equality, and dignity. The right to basic education is immediately realisable and not subject to progressive realisation or budgetary excuses. The respondents have repeatedly failed to comply with previous court orders, have not produced a comprehensive plan, and have not taken reasonable steps to address the crisis despite being aware of the problem for years. The court rejected…

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• Right To Basic Education
• Constitutional Compliance
• School Furniture Provision
• Supervisory Jurisdiction
• Children's Rights
• State Obligations