South Africa Case Law

Mkhize v Mkhize and Others (2022/117657)

Mkhize v Mkhize and Others (2022/117657) [2022] ZAGPJHC 180 (28 March 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2022/117657

Judge

Moorcroft

The court found that the applicant had not established a clear right to the relief sought. The evidence showed that the deceased had lived apart from the applicant for many years, was close to her children, and did not practice cultural rites. The respondents had already made funeral arrangements and incurred expenses. The applicant's delay in bringing the application and lack of meaningful communication undermined his claim to urgency and entitlement. The court inferred that the deceased's wishes were to be buried under her children's supervision, not the applicant's. The requirements for ur…

Source excerpt

• Funeral Arrangements
• Interim Interdict
• Cultural Rights
• Urgent Application

Indigenous Film Distribution (Pty) Ltd and Another v Film and Publication Appeal Tribunal and Others (3589/2018)

Indigenous Film Distribution (Pty) Ltd and Another v Film and Publication Appeal Tribunal and Others (3589/2018) [2018] ZAGPPHC 438; [2018] 3 All SA 783 (GP) (27 June 2018)

Court

North Gauteng High Court, Pretoria

Case number

3589/2018

Judge

TJ Raulinga

The Tribunal lacked jurisdiction to hear the appeal because the appellants did not have standing under section 20(1) of the Films and Publications Act. The Tribunal's procedure was unfair and did not comply with the audi alteram partem rule, as the applicants were not given adequate notice or opportunity to participate. The decision to classify the film as X18 was materially influenced by errors of law and failed to meet the statutory requirements. The balancing of freedom of expression and cultural rights must be done in accordance with the Constitution, but in this case, the Tribunal's proc…

Source excerpt

• Film Classification
• Freedom Of Expression
• Cultural Rights
• Procedural Fairness
• Locus Standi
• Promotion Of Administrative Justice Act

Kievits Kroon Country Estate (Pty) Ltd v Mmoledi and Others (875/12)

Kievits Kroon Country Estate (Pty) Ltd v Mmoledi and Others (875/12) [2013] ZASCA 189; 2014 (1) SA 585 (SCA); [2014] 3 BLLR 207 (SCA); [2014] 1 All SA 636 (SCA); (2014) 35 ILJ 209 (SCA) (29 November 2013)

Court

Supreme Court of Appeal

Case number

875/12

Judges

Brand, Cachalia, Leach, Willis, Zondi

The SCA upheld a finding that an employee’s absence for traditional healer training was justified by sincerely held cultural beliefs and dismissed the employer’s appeal.

• Unfair Dismissal
• Sick Leave
• Traditional Healing
• Cultural Rights
• Employment Contract
• Disciplinary Procedure

Hattingh and Others v Juta (440/2011)

Hattingh and Others v Juta (440/2011) [2012] ZASCA 84; 2012 (5) SA 237 (SCA); [2012] 3 All SA 399 (SCA) (30 May 2012)

Court

Supreme Court of Appeal

Case number

440/2011

Judges

Navsa, Nugent, Leach

The Supreme Court of Appeal held that ESTA’s family-life right is associative, so the appellants could not rely on their extended family arrangement to resist eviction.

• Extension Of Security Of Tenure Act
• Right To Family Life
• Cultural Rights
• Eviction
• Human Dignity
• Constitutional Interpretation

Ndala and Another v Visagie and Another (LCC 70/2009)

Ndala and Another v Visagie and Another (LCC 70/2009) [2009] ZALCC 3 (28 May 2009)

Court

Land Claims Court

Case number

LCC 70/2009

Judge

MIA

The Land Claims Court granted occupiers temporary access to hold an Ndebele initiation school on a farm, subject to strict conditions balancing cultural and ownership rights.

• Extension Of Security Of Tenure Act
• Right To Family Life
• Cultural Rights
• Limitation Of Owner Rights
• Esta
• Cultural-rights