South Africa Case Law

Sampi v Ntsi and Another (A44/2022)

Sampi v Ntsi and Another (A44/2022) [2022] ZAFSHC 336 (30 November 2022)

Court

Free State High Court, Bloemfontein

Case number

A44/2022

Judges

Van Ryhn, Mpama

The appeal was upheld because the Magistrate's Court failed to properly consider the intestate succession rights of the appellant's mother, the misrepresentation regarding the deceased's marital status, and the disability of the appellant's brother. The sale of the property was tainted by illegality, as the correct heirs were not identified and the estate of the appellant's mother was not reported. Given the lengthy occupation and the vulnerability of the occupants, it was not just and equitable to grant an eviction order. The lower court misdirected itself by failing to apply the principles…

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• Prevention Of Illegal Eviction Act
• Unlawful Occupation
• Intestate Succession
• Just And Equitable Eviction
• Disability Rights

Blind SA v Minister of Trade, Industry and Competition and Others (CCT 320/21)

Blind SA v Minister of Trade, Industry and Competition and Others (CCT 320/21) [2022] ZACC 33; 2023 (2) BCLR 117 (CC); 2022 BIP 518 (CC); [2022] HIPR 204 (CC) (21 September 2022)

Court

Constitutional Court

Case number

CCT 320/21

Judges

Kollapen, Madlanga, Majiedt, Mathopo, Mhlantla, Mlambo, Theron, Tshiqi, Unterhalter

The Constitutional Court held that the Copyright Act 98 of 1978, specifically sections 6 and 7 read with section 23, is unconstitutional to the extent that it requires copyright owner authorisation for the reproduction and adaptation of published literary works into accessible format copies for persons with visual and print disabilities. This requirement results in a scarcity of accessible works and constitutes unfair discrimination, infringing rights to equality, dignity, education, freedom of expression, and cultural participation. Section 13 of the Act, limited to reproduction, does not pr…

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• Copyright Act 1978
• Disability Rights
• Reading In Remedy
• Marrakesh Treaty
• Equality And Dignity
• Freedom Of Expression

Reddy v South African Revenue Services and Another (EQ19443 / 21)

Reddy v South African Revenue Services and Another (EQ19443 / 21) [2021] ZAEQC 2 (21 July 2021)

Court

Equality Court

Case number

EQ19443 / 21

Judge

E.M Kubushi

The Equality Court dismissed a disability discrimination complaint by a SARS employee placed on ill-health retirement, finding the dispute was not properly framed under the Equality Act.

• Unfair Discrimination
• Disability Rights
• Early Retirement
• Reasonable Accommodation
• Promotion Of Equality And Prevention Of Unfair Discrimination Act
• Constitutional Rights

Reddy v South African Revenue Services and Another (EQ19443/21)

Reddy v South African Revenue Services and Another (EQ19443/21) [2021] ZAGPPHC 468 (12 July 2021)

Court

North Gauteng High Court, Pretoria

Case number

EQ19443/21

Judge

Kubushi

The Equality Court dismissed a disability discrimination complaint by a SARS employee who was placed on early retirement due to ill health.

• Unfair Discrimination
• Disability Rights
• Early Retirement
• Reasonable Accommodation
• Promotion Of Equality And Prevention Of Unfair Discrimination Act
• Unfair-discrimination

South African Municipal Workers Union obo Damons v City of Cape Town (C306/2015)

South African Municipal Workers Union obo Damons v City of Cape Town (C306/2015) [2018] ZALCCT 9; [2018] 8 BLLR 829 (LC); (2018) 39 ILJ 1812 (LC) (20 April 2018)

Court

Labour Court Cape Town

Case number

C306/2015

Judge

Rabkin-Naicker

The Labour Court held that applying the City’s Fire and Rescue Advancement Policy to an injured firefighter amounted to unfair disability discrimination.

• Unfair Discrimination
• Employment Equity Act
• Reasonable Accommodation
• Advancement Policy
• Disability Rights
• Unfair-discrimination

Singh v Minister of Justice and Constitutional Development and Others (57331/2011)

Singh v Minister of Justice and Constitutional Development and Others (57331/2011) [2013] ZAEQC 1; 2013 (3) SA 66 (EqC); (2013) 34 ILJ 2807 (EqC) (23 January 2013)

Court

Equality Court

Case number

57331/2011

Judge

A P Ledwaba

The court found that the criteria and policies used by the Magistrates Commission for short-listing and appointing entry level magistrates were unfairly discriminatory as they failed to specifically consider disability, despite constitutional and statutory obligations to promote substantive equality. Section 174(2) of the Constitution, while mentioning race and gender, does not exclude disability, and section 9(3) together with the Equality Act and international conventions require active promotion of disabled persons. The respondents' reliance on race and gender alone was insufficient and th…

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• Promotion Of Equality And Prevention Of Unfair Discrimination Act
• Judicial Appointments
• Disability Rights
• Affirmative Action
• Section 174 Constitution
• Substantive Equality