South Africa Case Law

Mereki and Others v Moladora Trust and Another (CCT 121/24)

Mereki and Others v Moladora Trust and Another (CCT 121/24) [2025] ZACC 16 (1 August 2025)

Court

Constitutional Court

Case number

CCT 121/24

Judges

Madlanga ADCJ, Dambuza AJ, Goosen AJ, Kollapen J, Majiedt J, Opperman AJ, Rogers J, Theron J, Tshiqi J

The Constitutional Court held that the applicants, as ESTA occupiers, had a right to graze cattle on the farm based on tacit consent, which was protected under ESTA. The Court found that the Trust failed to rebut the statutory presumption of consent triggered by the applicants' uninterrupted residence and use of the land. The termination of grazing rights constituted a deprivation of land use and required compliance with section 8 of ESTA. The Trust's reliance on common law termination was unlawful, as ESTA's procedural safeguards applied to both residence and associated land uses such as gra…

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• Extension Of Security Of Tenure Act
• Tacit Consent
• Termination Of Land Rights
• Eviction Procedure
• Constitutional Interpretation
• Presumption Of Consent

Richards and Others v Rabie and Others (11872/2022)

Richards and Others v Rabie and Others (11872/2022) [2024] ZAWCHC 408; [2025] 1 All SA 487 (WCC) (2 December 2024)

Court

Western Cape High Court, Cape Town

Case number

11872/2022

Judge

A Bhoopchand

The Court found that the Board meetings held on 22 June 2022 and 16 November 2022 were invalid because the Board was not properly constituted under clause 8.2 of the 2017 Constitution, which requires at least two spiritual leaders from KCI-UK. The orders of Willie J did not override this constitutional requirement; they merely declared the identity of Board members at specific dates and did not alter the qualification criteria. The Board had a duty to appoint a further spiritual leader from KCI-UK before conducting any business or amending the constitution. The amendments adopted at the inval…

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• Voluntary Association Governance
• Board Composition
• Constitutional Interpretation
• Invalid Meeting
• Appointment Of Board Members

Ariefdien and Others v Fredericks and Others (7630/2022)

Ariefdien and Others v Fredericks and Others (7630/2022) [2024] ZAWCHC 114 (26 April 2024)

Court

Western Cape High Court, Cape Town

Case number

7630/2022

Judge

Nziweni

The High Court held that the respondents unlawfully displaced the applicants from control of the Kalk Bay Mosque and ordered restoration, accounting, and interdictory relief.

• Unlawful Dispossession
• Declaratory Relief
• Religious Body Governance
• Constitutional Interpretation
• Spoliation
• Interdict

Heradien v Meshoa and Others (768/2024)

Heradien v Meshoa and Others (768/2024) [2024] ZAWCHC 37 (13 February 2024)

Court

Western Cape High Court, Cape Town

Case number

768/2024

Judge

Adhikari AJ

The court dismissed an urgent bid to restore an ICOSA councillor’s membership and seat, holding that his membership ended automatically for unpaid dues.

• Automatic Termination Of Membership
• Interim Interdict
• Local Government Structures Act
• Party List Replacement
• Audi Alteram Partem
• Constitutional Interpretation

Goodfind Properties (Pty) Ltd v Kennedy and Others (9919/2022)

Goodfind Properties (Pty) Ltd v Kennedy and Others (9919/2022) [2023] ZAWCHC 307; [2024] 1 All SA 751 (WCC) (30 November 2023)

Court

Western Cape High Court, Cape Town

Case number

9919/2022

Judge

Jamie

The court found that Goodfind Properties (Pty) Ltd failed to demonstrate locus standi to bring the eviction application, having divested itself of the right to litigate in favour of Communicare and not shown any revesting of such power. Even if locus standi were established, the respondents' arguments for a tacit term limiting rental increases to affordability, constitutional interpretation, and equality challenge were rejected. The lease agreement did not support the importation of a tacit term, and the constitutional and equality arguments did not justify overriding the express terms or the…

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• Prevention Of Illegal Eviction Act
• Locus Standi
• Tacit Terms In Contract
• Constitutional Interpretation
• Equality Challenge
• Just And Equitable Eviction

L.W v K.C.A (A2023-013223)

L.W v K.C.A (A2023-013223) [2023] ZAGPJHC 1154; [2023] 4 All SA 769 (GJ); 2024 (1) SACR 626 (GJ) (13 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

A2023-013223

Judges

AC Dodson, J Moorcroft

The court found that the respondent, in seeking an interim protection order ex parte, breached his duty of full disclosure by failing to present material facts and relevant communications, including admissions and apologies regarding the alleged sexual assaults. This dishonesty and non-disclosure warranted discharge of the interim protection order and refusal of final relief. On the merits, the appellant's communications to third parties regarding rape allegations, made in good faith and motivated by genuine belief, did not constitute harassment as defined in the Protection from Harassment Ac…

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• Protection From Harassment Act
• Duty Of Full Disclosure
• Gender Based Violence
• Freedom Of Expression
• Interim Protection Order
• Constitutional Interpretation

Simunye Workers Forum v Registrar of Labour Relations (J 1375/2022)

Simunye Workers Forum v Registrar of Labour Relations (J 1375/2022) [2023] ZALCJHB 191; (2023) 44 ILJ 2021 (LC); [2023] 10 BLLR 1071 (LC) (21 June 2023)

Court

Labour Court Johannesburg

Case number

J 1375/2022

Judge

Van Niekerk

The Labour Court upheld an appeal against refusal to register Simunye Workers Forum as a trade union, finding its constitution compliant and the registrar’s approach too rigid.

• Trade Union Registration
• Genuineness Requirement
• Freedom Of Association
• Independence Of Trade Unions
• Constitutional Interpretation
• Trade-union-registration

Elmir Property Projects (Pty) Limited t/a as Elmir Projects and Another v Bankenveld Homeowners Association (Pty) Limited (1523/2020)

Elmir Property Projects (Pty) Limited t/a as Elmir Projects and Another v Bankenveld Homeowners Association (Pty) Limited (1523/2020) [2023] ZAMPMHC 16 (11 May 2023)

Court

Middelburg High Court, Mpumalanga

Case number

1523/2020

Judge

MBG Langa

The High Court granted leave to appeal after finding the applicants had shown arguable prospects of success under section 17(1) of the Superior Courts Act.

• Leave To Appeal Standard
• Reasonable Prospect Of Success
• Constitutional Interpretation
• Wastewater Treatment Obligations
• Leave-to-appeal
• Reasonable-prospects-of-success

Botha and Others v Eskom Holdings SOC Ltd; Van Zyl and Others v Eskom Holdings SOC Ltd (3878/2021)

Botha and Others v Eskom Holdings SOC Ltd; Van Zyl and Others v Eskom Holdings SOC Ltd (3878/2021) [2023] ZAFSHC 45; 2024 (2) SA 322 (FB) (15 February 2023)

Court

Free State High Court, Bloemfontein

Case number

3878/2021

Judge

P. J. Loubser

The court held that Eskom Holdings SOC Ltd is not an organ of state to which the Institution of Legal Proceedings Against Certain Organs of State Act 40 of 2002 applies. The Act's definition of organ of state is narrower than the constitutional definition and does not include entities exercising public functions in terms of legislation other than the Constitution. Eskom performs its functions under specific statutes, not under the Constitution, and is not listed in the Act or its schedule. Therefore, the plaintiffs were not required to give statutory notice to Eskom before instituting proceed…

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• Institution Of Legal Proceedings Against Organs Of State
• Statutory Notice Requirement
• Definition Of Organ Of State
• Constitutional Interpretation

Siwani and Others v South African Transport and Allied Workers Union and Others (18375/2021)

Siwani and Others v South African Transport and Allied Workers Union and Others (18375/2021) [2022] ZAWCHC 237 (15 November 2022)

Court

Western Cape High Court, Cape Town

Case number

18375/2021

Judge

Goliath

The court found that the SATAWU Constitution does not empower the fourth and fifth respondents to suspend the applicants, whether on a precautionary or final basis. The Constitution vests disciplinary powers solely in the CEC and PEC Disciplinary Committees, depending on the office held. The POBC was inquorate at the time of the suspensions, rendering any decisions invalid. The Constitution only permits suspension as a sanction after a disciplinary hearing and does not provide for precautionary suspension pending investigation. The respondents' reliance on broad administrative powers and exte…

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• Trade Union Governance
• Precautionary Suspension
• Disciplinary Procedure
• Constitutional Interpretation
• Office Bearer Rights