South Africa Case Law

New Model Private College CC v City of Johannesburg Metropolitan Municipality (2025/050470)

New Model Private College CC v City of Johannesburg Metropolitan Municipality (2025/050470) [2025] ZAGPJHC 417 (25 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/050470

Judge

M V Noko

Urgent interdict over electricity disconnection partly succeeded. The court ordered reinstatement, a corrected arrears notice, and 14 days to pay or arrange payment.

• Municipal Services Disconnection
• Pre Termination Notice
• Mandament Van Spolie
• Urgent Interdict
• Children Rights
• Disputed Municipal Billing

Dreyer and Dreyer CC v N.J.M and Others (03R/2025)

Dreyer and Dreyer CC v N.J.M and Others (03R/2025) [2025] ZALCC 13 (14 March 2025)

Court

Land Claims Court

Case number

03R/2025

Judge

Tebeile S.S.

The Land Claims Court found that the Magistrate's Court erred in accepting the Applicant's argument that the First Respondent's right of residence was solely linked to his employment. The evidence, including the probation officer's report, established that the First Respondent had resided on the farm since 1993, predating the employment relationship and thus falling under section 10 of the Extension of Security of Tenure Act. The Magistrate's Court failed to properly consider the probation officer's report, which highlighted the lack of suitable alternative accommodation and the risk of homel…

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• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Right To Adequate Housing
• Children Rights
• Just And Equitable Eviction
• Termination Of Right Of Residence

Core Development CC v Unlawful Occupiers Of No.[...] and No.[...] Loch Avenue, Parktown and Others (13125/2022)

Core Development CC v Unlawful Occupiers Of No.[...] and No.[...] Loch Avenue, Parktown and Others (13125/2022) [2024] ZAGPJHC 485 (13 May 2024)

Court

South Gauteng High Court, Johannesburg

Case number

13125/2022

Judge

DA Turner

High Court eviction case involving unlawful occupiers, unsafe housing conditions, and the City’s limited accommodation options. Eviction was granted with four months to vacate.

• Prevention Of Illegal Eviction Act
• Just And Equitable Eviction
• Alternative Accommodation
• Children Rights
• Municipal Obligations
• Costs Order

S.A.M obo B.H.G.M. and B.K.A.B v Road Accident Fund (021145/2023)

S.A.M obo B.H.G.M. and B.K.A.B v Road Accident Fund (021145/2023) [2023] ZAGPPHC 1876 (2 November 2023)

Court

North Gauteng High Court, Pretoria

Case number

021145/2023

Judge

K Strydom

The court found that none of the supplementary affidavits filed by the applicant complied with the Regulations governing the commissioning of affidavits. The defects included lack of initials on each page, discrepancies in dates and places of commissioning, and amendments made ex post facto, which indicated that the affidavits were not properly deposed to in the presence of the commissioner of oaths. The court held that, in the absence of facts proving substantial compliance, it could not exercise its discretion to admit the affidavits. However, the court emphasized that the rights of the min…

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• Commissioning Of Affidavits
• Curator Ad Litem
• Substantial Compliance
• Children Rights

Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others (5441/20)

Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others (5441/20) [2023] ZAWCHC 28; [2023] 2 All SA 256 (WCC); 2023 (4) SA 249 (WCC) (13 February 2023)

Court

Western Cape High Court, Cape Town

Case number

5441/20

Judge

Goliath

The court found that the abandonment provisions in section 22(12) and (13) of the Refugees Act, Regulation 9, and Form 3 are arbitrary and unconstitutional. They operate automatically, depriving asylum seekers and their children of protection without individualised consideration or due process, and violate the principle of non-refoulement and children's rights under the Constitution and international law. The respondents failed to demonstrate a rational connection between the limitations and their purported purpose of reducing administrative backlogs. The court held that less restrictive mean…

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• Non Refoulement
• Refugees Act
• Children Rights
• Bill Of Rights Limitation
• Best Interests Of Child
• Administrative Justice

Mandel and Another v Johncom Media Limited; Johncom Media Limited v Mandel and Others (2007/06719)

Mandel and Another v Johncom Media Limited; Johncom Media Limited v Mandel and Others (2007/06719) [2008] ZAGPHC 36 (11 February 2008)

Court

High Courts - Gauteng

Case number

2007/06719

Judge

Cassim

The High Court declared section 12 of the Divorce Act unconstitutional for imposing a blanket ban on publishing information from divorce proceedings.

• Freedom Of Expression
• Divorce Act Section 12
• Constitutional Invalidity
• Children Rights
• Privacy Vs Public Interest
• Freedom-of-expression