South Africa Case Law

Labia Theatre CC v South African Human Rights Commission and Others; Palestinian Solidarity Campaign v Labia Theatre CC and Other (8589/2015; EC11/2015)

Labia Theatre CC v South African Human Rights Commission and Others; Palestinian Solidarity Campaign v Labia Theatre CC and Other (8589/2015; EC11/2015) [2021] ZAWCHC 63 (26 March 2021)

Court

Western Cape High Court, Cape Town

Case number

8589/2015; EC11/2015

Judge

Le Grange

High Court and Equality Court judgment on Labia Theatre’s refusal to screen Roadmap to Apartheid, finding unfair discrimination and upholding review relief.

• Promotion Of Administrative Justice Act
• Unfair Discrimination
• Freedom Of Expression
• Equality Act
• Conscience And Belief
• Contractual Dispute

Independent Institute of Education (Pty) Ltd v University of Sport South Africa (NPO) and Others (76139/17)

Independent Institute of Education (Pty) Ltd v University of Sport South Africa (NPO) and Others (76139/17) [2020] ZAGPPHC 371 (13 July 2020)

Court

North Gauteng High Court, Pretoria

Case number

76139/17

Judge

TLHAPI V V

The court found that both the applicant and respondents raised issues of sufficient importance and complexity to warrant consideration by a higher court. The grounds for appeal include the status of the respondents as organs of state, the constitutional permissibility of differentiating between public and private higher education institutions in the context of sporting events, and whether the applicant has standing and approached the correct forum. The court held that these issues require authoritative determination and that leave to appeal should be granted to the Full Court of the Division.…

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• Bill Of Rights Limitation
• Equality Act
• Organ Of State Definition
• Unfair Discrimination
• Forum Selection

Social Justice Coalition and Others v Minister of Police and Others (EC03/2016)

Social Justice Coalition and Others v Minister of Police and Others (EC03/2016) [2018] ZAWCHC 181; 2019 (4) SA 82 (WCC) (14 December 2018)

Court

Western Cape High Court, Cape Town

Case number

EC03/2016

Judges

Dolamo, Boqwana

The Equality Court held that Western Cape police resource allocation unfairly discriminated against Black and poor communities and postponed remedy.

• Unfair Discrimination
• Equality Act
• Allocation Of State Resources
• Indirect Discrimination
• Intersectional Discrimination
• Police Services

Lourens v Speaker of the National Assembly and Others (EC08/12)

Lourens v Speaker of the National Assembly and Others (EC08/12) [2014] ZAEQC 2; 2015 (1) SA 618 (EqC) (17 September 2014)

Court

Equality Court

Case number

EC08/12

Judge

griesel

The court held that there is no constitutional or statutory duty on Parliament or the respondents to publish all national legislation in all official languages, nor to translate all national legislation into all official languages. The Constitution requires parity of esteem and equitable treatment of official languages, but does not mandate equal use or publication in all languages. The Joint Rules of Parliament, which require bills to be in one official language and translated into at least one other, are consistent with constitutional requirements. To the extent that the practice of publish…

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• Official Languages
• Language Rights
• Unfair Discrimination
• Parliamentary Procedure
• Equality Act
• Constitutional Interpretation

Manong & Associates (Pty) Ltd v Minister of Public Works and Another (518/2008)

Manong & Associates (Pty) Ltd v Minister of Public Works and Another (518/2008) [2009] ZASCA 110; 2010 (2) SA 167 (SCA) ; [2010] 1 All SA 267 (SCA) (23 September 2009)

Court

Supreme Court of Appeal

Case number

518/2008

Judges

Harms, Brand, Ponnan, Snyders, Bosielo

The Supreme Court of Appeal held that the appellant failed to establish a prima facie right to the interim interdict sought. The allegations of discrimination and lack of consultation were speculative and unsupported by factual evidence. The respondents provided a reasonable explanation for the policy change, demonstrating compliance with statutory requirements and evidence of stakeholder consultation. The court reaffirmed the rule that companies must be represented by qualified legal practitioners, but exercised its discretion to allow the managing director to appear due to exceptional circu…

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• Interim Interdict
• Right Of Audience
• Procurement Policy
• Equality Act
• Section 217 Constitution
• Prima Facie Case

Manong Associates (Pty) Ltd v Eastern Cape Department of Road and Transport and Others (2/2008)

Manong Associates (Pty) Ltd v Eastern Cape Department of Road and Transport and Others (2/2008) [2008] ZAECHC 29; 2008 (6) SA 434 (EqC) (24 April 2008)

Court

High Courts - Eastern Cape

Case number

2/2008

Judge

J.C. Froneman

The High Court, when sitting as an equality court, retains its constitutional and inherent review jurisdiction and is not a separate tribunal. The procurement policy challenged by the applicant was found to be rationally connected to legitimate objectives, namely ensuring safety, durability, and effective use of public funds in road construction. The requirements for experience and technical expertise did not amount to indirect unfair discrimination, as previously disadvantaged groups had opportunities to gain such experience, and the applicant itself generally met the profile. Allegations of…

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• Public Procurement
• Indirect Discrimination
• Judicial Review
• Equality Act
• Constitutional Jurisdiction
• Tender Award Challenge