South Africa Case Law

Mantashe v Zuma (2025/094050)

Mantashe v Zuma (2025/094050) [2025] ZAGPJHC 697 (16 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/094050

Judge

M Van Nieuwenhuizen

The court found that the respondent's statements on TikTok and other social media platforms, alleging that the applicant received R40 million from ERP Mine intended for former mineworkers, were objectively defamatory. The respondent failed to provide credible evidence to substantiate his claims and did not report the matter to the police. The defence of truth and public benefit was unavailing, as the respondent relied on hearsay and unsupported affidavits. The statements imputed dishonesty and lack of integrity to the applicant, a government minister, and were widely disseminated, causing ong…

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• Defamation
• Social Media Publication
• Final Interdict
• Constitutional Dignity
• Damages Quantification

Mabusela and Others v City of Ekurhuleni Metropolitan Municipality and Others (2024/063770)

Mabusela and Others v City of Ekurhuleni Metropolitan Municipality and Others (2024/063770) [2024] ZAGPJHC 701 (22 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2024/063770

Judge

C Todd

The court found that the First Respondent's actions in removing the Applicants and destroying or confiscating their shelters and possessions were unlawful, as they were not supported by a court order and did not fall within the narrow defence of counter-spoliation. The Respondent was neither the owner of the land nor acting with the owner's authority, and its conduct exceeded what is permissible under law. The Applicants, having established peaceful possession, were entitled to protection under the PIE Act and the spoliation remedy. The court declined to grant a wide-ranging restoratory order…

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• Unlawful Eviction
• Prevention Of Illegal Eviction Act
• Spoliation Remedy
• Housing Rights
• Counter Spoliation
• Constitutional Dignity

Van der Westhuizen v Rieger (EL 500/2017)

Van der Westhuizen v Rieger (EL 500/2017) [2019] ZAECELLC 9 (7 March 2019)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 500/2017

Judge

V M Nqumse

The court found, on the balance of probabilities, that the defendant did utter the words set out in the particulars of claim, including racially charged and vulgar insults, and did assault the plaintiff with pepper spray. The context and content of the words, particularly 'go back to Duncan Village' and 'poes', were held to be derogatory, racially loaded, and intended to humiliate, thereby impairing the plaintiff's dignity. The court rejected the defendant's version regarding the pepper spray and found the plaintiff's evidence, despite exaggerations, sufficient to discharge the onus. The cour…

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• Injuria
• Verbal Insult
• Racial Discrimination
• Assault
• Damages
• Constitutional Dignity

MEC for Department of Human Settlements, Gauteng Province v Molema and Another (44773/13)

MEC for Department of Human Settlements, Gauteng Province v Molema and Another (44773/13) [2013] ZAGPPHC 372 (20 December 2013)

Court

North Gauteng High Court, Pretoria

Case number

44773/13

Judge

Tuchten

High Court urgent eviction case requiring alternative accommodation before eviction of unlawful occupiers, with court oversight over relocation-site suitability.

• Prevention Of Illegal Eviction Act
• Alternative Accommodation
• Eviction Procedure
• Housing Rights
• Constitutional Dignity
• Judicial Oversight

MEC For Department of Human Settlements, Gauteng Province v Molema (44773/13)

MEC For Department of Human Settlements, Gauteng Province v Molema (44773/13) [2013] ZAGPPHC 438 (20 December 2013)

Court

North Gauteng High Court, Pretoria

Case number

44773/13

Judge

Tuchten

High Court eviction case requiring suitable alternative accommodation before unlawful occupiers of state land at Soutpan could be removed.

• Prevention Of Illegal Eviction Act
• Alternative Accommodation
• Eviction Procedure
• Housing Rights
• Constitutional Dignity
• State Land Development