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South Africa decisions
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Keele v Jansen Van Rensburg and Others (042870/2022) [2025] ZAGPPHC 292 (17 March 2025)
The High Court dismissed an application to join the Commission for Gender Equality as a party in a review linked to a custody and access dispute.
Matthys v Minister of Defence and Military Veterans (Ex tempore) (2025-019481) [2025] ZAGPPHC 269 (26 February 2025)
The court found that the applicant had met the threshold for urgency under Rule 6(12) due to the immediate risk to health and safety posed by the instruction to occupy a building that is severely damaged and non-compliant with the Occupational Health and Safety Act. The respondent failed to provide credible evidence that the building was safe or habitable. The applicant's constitutional rights to dignity, life, privacy, and a healthy working environment were at risk of being infringed. The court condoned the procedural non-compliance in the interest of justice and granted interim relief to pr…
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Moladora Trust v Mereki and Others (LCC70/2022) [2022] ZALCC 32; 2023 (3) SA 209 (LCC) (11 November 2022)
The Court found that, although grazing rights for ESTA occupiers are personal and derive from consent, the respondents had acquired tacit consent to graze cattle on the farm after their mother's death. This was inferred from their continued open residence and use of the land for grazing over several years without objection from the applicant, and the presumption of consent under section 3(4) of ESTA. The Court held that once such consent is established, the right to graze cattle forms part of the tenure protected by ESTA and is subject to its procedural safeguards. The applicant failed to com…
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Machard v Minister of Defence and Military Veterans and Others (12696/2021) [2022] ZAWCHC 110 (1 June 2022)
The Western Cape High Court found that it had jurisdiction to hear the matter because the applicant resides and is employed within its area, the offence occurred there, and the CMA's decision was communicated to him in Cape Town. The court held that the requirements for an interim interdict were satisfied: the applicant demonstrated a prima facie right based on the alleged irregular composition of the military courts and the potential violation of his constitutional right to dignity. The court accepted that the applicant would suffer irreparable harm if cashiered, as the process would cause p…
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R.S v ABSA Trust Limited and Others (515/2021) [2022] ZAFSHC 5 (6 January 2022)
The High Court terminated a trust created for a former minor, finding that continued control by the trustee infringed her property and dignity rights.
Jones and Others v Sutherland and Another (478/2018) [2019] ZASCA 146 (14 November 2019)
The Supreme Court of Appeal upheld an eviction under ESTA, finding the occupiers’ right of residence was lawfully terminated and eviction was just and equitable.
Maphoto and Others v Minister of Police and Another (A3172/18) [2019] ZAGPJHC 296 (29 August 2019)
The court held that the refusal to award damages to appellants who did not testify was a misdirection, as the relevant facts regarding the circumstances of arrest and detention were established and common to all. The absence of personal testimony does not preclude an award of general damages for unlawful arrest and detention, especially where the onus is on the defendant and the unlawfulness is established. The court found the quantum awarded to appellants 12 and 15 to be inadequate and increased it to R80,000 each, while awarding R60,000 to each of the remaining appellants. Interest was orde…
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Mostert and Others v Nash and Others (34664/2017) [2018] ZAGPJHC 511; [2018] 4 All SA 267 (GJ) (14 August 2018)
The High Court granted an urgent interdict restraining defamatory publications by the respondents, ordered website closure measures, and required leave before further litigation.
Booysen v National Head of the Directorate for Priority Crime Investigation and Another (9799/2015) [2015] ZAKZDHC 86 (18 November 2015)
High Court set aside the precautionary suspension of a senior police officer, holding that the decision was irrational and unlawful on the principle of legality.
Mofokeng and Another v Minister of Police (2014/ A3084) [2015] ZAGPJHC 30 (17 February 2015)
The magistrate misdirected herself by treating the claim as analogous to general damages in bodily injury cases and by failing to appreciate the constitutional and common law rights infringed by unlawful arrest and detention. The assessment of damages must consider the invasion of dignity, humiliation, and deprivation of liberty, not merely the physical conditions or absence of psychological evidence. The award of R10,000 was disproportionately low compared to prevailing case law, which sets a broad range of R65,000 to R110,000 for similar periods of detention. Aggravating factors included th…
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