South Africa Case Law

Arpin-Scholtz and Others v HH Durrheim (Pty) Ltd t.a Medipost Pharmacy and Another (EC2022/007843)

Arpin-Scholtz and Others v HH Durrheim (Pty) Ltd t.a Medipost Pharmacy and Another (EC2022/007843) [2024] ZAEQC 6 (12 December 2024)

Court

Equality Court

Case number

EC2022/007843

Judge

Malindi

The court found that the utterance 'julle is sif' was made in a private meeting and not communicated to any third party, as required by section 10(1) of PEPUDA and the Constitutional Court's interpretation in Qwelane. The evidence showed the boardroom was soundproof and the door was closed during the meeting, preventing dissemination. The court held that, even if the words were offensive, they did not amount to hate speech or harassment under the Act, as there was no public communication or incitement of harm. The applicants failed to establish a causal link between the utterance and the non-…

Source excerpt

• Hate Speech
• Unfair Discrimination
• Sexual Orientation
• Equality Court Jurisdiction
• Damages Claim
• Counterclaim

C.P v Venter and Others (EC 09/2021)

C.P v Venter and Others (EC 09/2021) [2024] ZAWCHC 124; 2024 (6) SA 586 (WCC) (8 May 2024)

Court

Western Cape High Court, Cape Town

Case number

EC 09/2021

Judge

J Cloete

The court held that the Equality Court may not sit as both a High Court and Equality Court in the absence of parallel proceedings in the High Court. The Equality Court is a distinct forum with jurisdiction limited to causes of action provided for by the Equality Act. Relief sought under the Constitution or other statutes must be pursued in the appropriate forum. The applicant's allegations of harassment and discrimination did not establish a prima facie case under the Equality Act, as there was no evidential basis linking the conduct to prohibited grounds such as race or language. The school’…

Source excerpt

• Equality Court Jurisdiction
• Promotion Of Equality And Prevention Of Unfair Discrimination Act
• Harassment
• Language Discrimination
• Constitutional Declaratory Relief

Minister of Justice and Correctional Services and Others v Wilhelm Pretorius and Others (440/2022)

Minister of Justice and Correctional Services and Others v Wilhelm Pretorius and Others (440/2022) [2023] ZASCA 155 (17 November 2023)

Court

Supreme Court of Appeal

Case number

440/2022

Judges

Dambuza, Meyer, Matojane, Goosen, Unterhalter

The Supreme Court of Appeal dismissed as moot an appeal over prisoners’ use of personal computers for study, relying on its earlier Ntuli judgment.

• Mootness
• Right To Education
• Unfair Discrimination
• Equality Court Jurisdiction
• Prisoners-rights
• Right-to-education

Afriforum v South African Human Rights Commission and Others (14370/2019 ; 31328/2019)

Afriforum v South African Human Rights Commission and Others (14370/2019 ; 31328/2019) [2023] ZAGPJHC 807; 2023 (6) SA 188 (GJ) (14 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

14370/2019 ; 31328/2019

Judge

Roland Sutherland

The South African Human Rights Commission is a creature of statute and its powers are strictly circumscribed by the South African Human Rights Commission Act 40 of 2013. Section 13(3) of the Act empowers the Commission to investigate alleged violations of human rights and to form an opinion on whether there is substance to a complaint, for the purpose of deciding whether to assist in bringing proceedings before a competent court. The Commission is not empowered to make definitive decisions on whether a contravention of section 10 of PEPUDA has occurred, nor to exonerate alleged violators. Any…

Source excerpt

• Ultra Vires
• Powers Of Chapter 9 Institutions
• Hate Speech
• Review Under Paja
• Equality Court Jurisdiction

De la Rey, Pieter Jacobus v PH de la Rey Family Trust and Others (084/2021)

De la Rey, Pieter Jacobus v PH de la Rey Family Trust and Others (084/2021) [2023] ZASCA 48 (11 April 2023)

Court

Supreme Court of Appeal

Case number

084/2021

Judges

Ponnan, Saldulker, Gorven, Mabindla-Boqwana, Matojane

The Supreme Court of Appeal held that an inheritance dispute was not discrimination under the Equality Act and that the Equality Court lacked jurisdiction.

• Equality Court Jurisdiction
• Promotion Of Equality And Prevention Of Unfair Discrimination Act
• Discrimination Definition
• Burden Of Proof
• Trust Beneficiary Rights
• Equality-court-jurisdiction

Rarayi and Others v Oak Valley Estates and Others (EC13/2019)

Rarayi and Others v Oak Valley Estates and Others (EC13/2019) [2019] ZAEQC 7 (22 November 2019)

Court

Equality Court

Case number

EC13/2019

Judge

O L Rogers

Equality Court dismissed an Oak Valley farmworkers’ discrimination claim for lack of jurisdiction, holding the dispute fell under the Employment Equity Act and Labour Court.

• Equality Court Jurisdiction
• Unfair Discrimination
• Employment Equity Act
• Extension Of Security Of Tenure Act
• Human Dignity
• Systemic Racial Discrimination

S v Neotel (Pty) Ltd (EQ2/2015)

S v Neotel (Pty) Ltd (EQ2/2015) [2018] ZAEQC 1; 2019 (1) SA 622 (GJ) (31 July 2018)

Court

Equality Court

Case number

EQ2/2015

Judge

Spilg

The Equality Court dismissed a jurisdictional special plea, holding the complaint was not confined to an employment policy or practice under the Employment Equity Act.

• Equality Court Jurisdiction
• Employment Equity Act Interpretation
• Unfair Discrimination
• Gender Based Violence
• Access To Justice
• Remedial Powers

Hendricks v Transnet Second Defined Benefit Fund and Others, In re: Adendolf and Others v Transnet Second Defined Benefit Fund and Others (EC04/14 , EC08/14)

Hendricks v Transnet Second Defined Benefit Fund and Others, In re: Adendolf and Others v Transnet Second Defined Benefit Fund and Others (EC04/14 , EC08/14) [2015] ZAWCHC 195 (9 December 2015)

Court

Western Cape High Court, Cape Town

Case number

EC04/14 , EC08/14

Judge

Yekiso

The Equality Court, established under section 16 of the Equality Act, is a statutory court with jurisdiction limited to causes of action arising after the commencement of the Act. The Equality Act, as well as the equality clauses in the Interim and Final Constitutions, were not intended to be retrospective except for limited instances such as land restitution. The complainants' claims, which arose in or about 1993, fall outside the jurisdiction of the Equality Court. The statutory language of the Equality Act and the relevant constitutional provisions are forward-looking and do not provide fo…

Source excerpt

• Equality Court Jurisdiction
• Retrospective Application Of Statutes
• Unfair Discrimination
• Prescription Of Claims

Qwelane v Minister of Justice And Constitutional development and Another (36314/13)

Qwelane v Minister of Justice And Constitutional development and Another (36314/13) [2014] ZAGPJHC 334; 2015 (2) SA 493 (GJ) (21 November 2014)

Court

South Gauteng High Court, Johannesburg

Case number

36314/13

Judge

FHD Van Oosten

The High Court is empowered under section 173 of the Constitution to regulate its own process and, in the absence of a specific procedural rule, may order consolidation of equality court and constitutional challenge proceedings for hearing before a single judge in dual capacity. Consolidation is justified by considerations of convenience, efficiency, and fairness, and does not create a 'super court' or compromise the distinct statutory characteristics of each proceeding. The rule of practice established by the Constitutional Court requires that all issues be resolved before the constitutional…

Source excerpt

• Consolidation Of Proceedings
• Equality Court Jurisdiction
• Constitutional Challenge
• Freedom Of Expression
• Hate Speech
• Court Inherent Powers

Dean of the Law Faculty of the University of North West and Others v Masisi (297/2013)

Dean of the Law Faculty of the University of North West and Others v Masisi (297/2013) [2014] ZASCA 2; 2014 (6) SA 61 (SCA) (20 February 2014)

Court

Supreme Court of Appeal

Case number

297/2013

Judges

NAVSA, MHLANTLA, PETSE, VAN ZYL, SWAIN

The Supreme Court of Appeal set aside an Equality Court order attacking university credit rules and remitted the matter for a fresh hearing with interested parties joined.

• Equality Court Jurisdiction
• Unfair Discrimination
• Ministerial Intervention
• Academic Credit Transfer
• Joinder Of Interested Parties
• Academic-credit-transfer