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South Africa decisions
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Administrator of Moroka and Others v Kubheka and Another (A13/2020; A14/2020) [2024] ZAMPMHC 26 (23 April 2024)
The High Court set aside a punitive costs and fee-forfeiture order made without hearing the affected legal practitioners, finding procedural unfairness.
City of Cape Town v South African Human Rights Commission (144/2021) [2021] ZASCA 182 (22 December 2021)
The Supreme Court of Appeal held that the interim orders granted by the High Court, except for the compensation and return of building materials, were not final in effect and did not meet the criteria for appealability. No irreparable harm or grave injustice would result from maintaining judicial oversight of evictions and demolitions during the national state of disaster. The interests of justice did not warrant the appeal of these interlocutory orders, and the appeal against paragraphs 1-4 was dismissed. However, the order for compensation and return of building materials was final in natur…
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Dlamini and Another v Mogale City Local Municipality and Another (32602/2021) [2021] ZAGPJHC 435 (15 July 2021)
The court struck an urgent eviction-related application from the roll, finding the applicants’ urgency was self-created and that no appeal had suspended execution.
Emalahleni Housing Company (NPC) v Maseko and Others (228/2021) [2021] ZAMPMHC 8 (18 March 2021)
The court found that the respondents' attendance at the meeting, although unlawful under Disaster Management Regulations, did not amount to contempt of court as there was no evidence of malicious intent or wilful disregard of the court orders. The respondents acted in good faith to discuss impending evictions and did not contemplate violating the court orders by merely meeting. However, regarding the barricading of the entrance, the respondents' denials were vague and unsupported by detail, while the applicant's version was corroborated by affidavits and video evidence. The court held that th…
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Kouga Local Municipality v Minister of Co-operative Governance and Traditional Affairs (66506/2020; 66191/2020; 66683/2020) [2020] ZAGPPHC 773 (23 December 2020)
The court held that the closure of beaches in hotspot areas was a rational and lawful exercise of executive power under the Disaster Management Act, aimed at curbing the spread of COVID-19 during the peak holiday season. The decision was based on expert medical advice and recommendations from provincial premiers, and the government acted within its constitutional duty to protect public health. The applicants failed to demonstrate that the regulations were irrational or that less restrictive means were feasible. The infringement of rights was found to be justifiable under Section 36 of the Con…
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Philander v Makiet and Others (A61/2020) [2020] ZAWCHC 106 (18 September 2020)
Appeal in an eviction matter under PIE. The High Court held the occupiers were unlawful, found eviction just and equitable, and ordered them to vacate by 31 October 2020.
N.L v Fanayo N.O and Another (979/2020) [2020] ZANCHC 61 (28 August 2020)
The court held that the magistrate was required to apply Regulation 34 strictly, which mandates confirmation that the household to which the child is to be moved is Covid-19 free and written reasons for the necessity of movement. The magistrate's refusal to grant the permit was based on the respondent's inability to confirm the Covid-19 status of the Johannesburg household and her interpretation that written reasons were required even where a court order was provided. The court found that this interpretation did not amount to a gross irregularity and that the magistrate was not bound to issue…
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Dong v National Commissioner of Police and Another (32212/2020) [2020] ZAGPPHC 425 (27 August 2020)
The court granted urgent spoliation relief after finding SAPS unlawfully seized the applicant’s property without justification, and ordered its return.
South African Human Rights Commission and Others v City of Cape Town and Others (8631/2020) [2020] ZAWCHC 84; 2021 (2) SA 565 (WCC) (25 August 2020)
The High Court granted urgent interim relief stopping Cape Town from demolishing or evicting informal dwellings without a court order during the disaster period.
C D and Another v Department of Social Development (5570/2020) [2020] ZAWCHC 25; [2020] HIPR 129 (WCC) (14 April 2020)
The court found that the amended Directions under the Disaster Management Act permit movement of children between provinces during lockdown where arrangements exist under a court order or registered parenting plan. The applicants, as divorced parents, had such arrangements in place for their children. The grandparents, as caregivers, were unable to continue caring for the children due to age and health concerns, and the children’s best interests required their return to Cape Town. The evidence showed the situation was urgent and unsustainable. The respondent’s opposition was not supported by…
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