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South Africa Case Law

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Civil Procedure [2022] ZAWCHC 243

Du Toit and Another v Jacobs (A121/22)

Du Toit and Another v Jacobs (A121/22) [2022] ZAWCHC 243 (28 November 2022)

Appeal over a harassment order arising from a neighbour dispute about a manure business was partly upheld; the conduct was held outside the Act.

  • Protection From Harassment Act
  • Definition Of Harassment
  • Neighbour Disputes
  • Zoning And Land Use
  • Municipal By Laws
  • Protection-from-harassment-act
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Civil Procedure [2022] ZAGPPHC 359

Moos v Makgoba (A238/2019)

Moos v Makgoba (A238/2019) [2022] ZAGPPHC 359 (25 May 2022)

The court held that the appellant failed to establish harassment as defined by the Protection from Harassment Act. The test for harm is objective, not subjective, and the appellant's evidence did not demonstrate that the respondent's conduct caused harm or inspired a reasonable belief of harm. The alleged conduct, such as placing a bucket under the tap and blocking entrances, may have upset the appellant but did not meet the threshold for harm required by the Act. The court emphasized that legislation must be applied equally and objectively, and a subjective interpretation would undermine the…

  • Protection From Harassment Act
  • Objective Vs Subjective Test
  • Definition Of Harassment
  • Burden Of Proof
  • Domestic Disputes
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.