South Africa Case Law

Affected Community Members of Bodibe Tau Rapulana v Lafarge Cements and Others (M489/2021)

Affected Community Members of Bodibe Tau Rapulana v Lafarge Cements and Others (M489/2021) [2025] ZANWHC 54 (13 March 2025)

Court

North West High Court, Mafikeng

Case number

M489/2021

Judge

Masike

The applicant is an unincorporated association lacking legal personality and cannot sue or be sued in its own name. The founding affidavit fails to establish locus standi under the common law or section 38(d) of the Constitution, as the applicant does not act on behalf of the community with proper authorization, nor has it met the requirements for a class action. The absence of confirmatory affidavits and specificity regarding affected members and damages further undermines the application. The tribal council, as the recognized representative body, has not authorized the proceedings. The proc…

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• Locus Standi
• Class Action Certification
• Public Interest Litigation
• Mining Related Nuisance
• Constitutional Rights Enforcement

Manaka v University of Witwatersrand (021837-2023)

Manaka v University of Witwatersrand (021837-2023) [2024] ZAGPJHC 179 (29 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/021837

Judge

Adams

The court found that the applicant raised substantial issues regarding the appropriateness of the costs order, particularly since the respondent did not seek costs or had abandoned the prayer for costs. The Biowatch principle was relevant as the applicant was vindicating constitutional rights. The documentary evidence suggested merit in the applicant's claim, and the court concluded that there were reasonable prospects that another court could reach a different conclusion on the costs order. Accordingly, leave to appeal was granted.

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• Costs Order
• Leave To Appeal
• Biowatch Principle
• Constitutional Rights Enforcement

Odendaal v South African Reserve Bank (2271/2022)

Odendaal v South African Reserve Bank (2271/2022) [2023] ZAWCHC 160 (6 July 2023)

Court

Western Cape High Court, Cape Town

Case number

2271/2022

Judge

Wille

The court dismissed an application to release blocked funds, finding the applicant repudiated the agreement and that any constitutional complaint had to be brought under PAJA.

• Exchange Control Regulations
• Blocking Orders
• Subsidiarity Principle
• Promotion Of Administrative Justice Act
• Specific Performance
• Constitutional Rights Enforcement

Gcumisa and Others v Minister of Police (AR621/19)

Gcumisa and Others v Minister of Police (AR621/19) [2020] ZAKZPHC 54 (18 September 2020)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR621/19

Judges

Mngadi, Balton

The High Court upheld an appeal against a magistrate’s damages award, finding an unlawful search, unlawful arrest and detention, malicious prosecution, and inadequate compensation for two appellants.

• Unlawful Search And Seizure
• Unlawful Arrest And Detention
• Malicious Prosecution
• Quantum Of Damages
• Personal Injury
• Constitutional Rights Enforcement

Mwelase and Others v Director-General for the Department of Rural Development and Land Reform and Others (107/2013)

Mwelase and Others v Director-General for the Department of Rural Development and Land Reform and Others (107/2013) [2016] ZALCC 23; 2017 (4) SA 422 (LCC) (8 December 2016)

Court

Land Claims Court

Case number

107/2013

Judge

Ncube AJ

The Land Claims Court found the Department had failed to process labour tenant claims and appointed a Special Master of Labour Tenants to assist with implementation.

• Labour Tenants Act
• Structural Interdict
• Special Master Appointment
• Constitutional Rights Enforcement
• Court Supervision
• Failure To Process Land Claims

Oranje Vrystaatse Vereniging vir Staatsondersteunde Skole and Another v Premier van die Provinsie Vrystaat and Others (CCT12/96)

Oranje Vrystaatse Vereniging vir Staatsondersteunde Skole and Another v Premier van die Provinsie Vrystaat and Others (CCT12/96) [1998] ZACC 4; 1998 (3) SA 692; 1998 (6) BCLR 653 (12 May 1998)

Court

Constitutional Court

Case number

CCT12/96

Judges

Goldstone, Chaskalson, Langa, Ackermann, Kriegler, Madala, Mokgoro, O'Regan, Sachs, Yacoob

The Constitutional Court refused to make a costs order after the applicants withdrew a moot leave-to-appeal application concerning state-aided school subsidies.

• Costs In Constitutional Litigation
• Mootness
• Withdrawal Of Appeal
• State Aided Schools
• Constitutional Rights Enforcement
• Constitutional-costs