South Africa Case Law

Ndudane and Others v Financial Intelligence Centre (EC/01/22)

Ndudane and Others v Financial Intelligence Centre (EC/01/22) [2024] ZAWCHC 38; 2024 (5) SA 549 (WCC) (13 February 2024)

Court

Western Cape High Court, Cape Town

Case number

EC/01/22

Judge

Thulare

The applicants established a legal right to access the information held by the FIC under section 32(1) of the Constitution and sections 40 and 41 of FICA. The court found that the Equality Court has the power to grant interlocutory orders for access to information necessary for the determination of the main complaint. The information sought is material to the applicants' allegations of unfair discrimination and unequal treatment by the banks. The FIC's objections regarding lack of legal entitlement, non-compliance with PAIA, and non-joinder of affected entities were rejected. The court held t…

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• Financial Intelligence Centre Act
• Access To Information
• Equality Court Procedure
• Unfair Discrimination
• Risk Management Compliance
• Constitutional Right To Equality

S.P.M obo S v King's School - White River and Others (A22/2021; EQ1/2019)

S.P.M obo S v King's School - White River and Others (A22/2021; EQ1/2019) [2022] ZAMPMBHC 1 (13 January 2022)

Court

Mbombela High Court, Mpumalanga

Case number

A22/2021

Judges

Greyling-Coetzer, Mashile

The High Court found that the Equality Court erred in its approach to absolution from the instance by considering evidence from both the appellant and respondents at the close of the appellant's case, rather than limiting itself to the appellant's evidence. The appellant had made out a prima facie case of discrimination based on sexual orientation, as the evidence showed that S was treated differently from other learners due to her sexual orientation. The instruction to remove S from the school and the alternative arrangements for her exams were directly linked to the disclosure of her sexual…

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• Promotion Of Equality And Prevention Of Unfair Discrimination Act
• Burden Of Proof
• Sexual Orientation Discrimination
• Absolution From The Instance
• Equality Court Procedure

Isimangaliso Wetland Park and Another v Sodwana Bay Guest Lodge and Another (01/2017)

Isimangaliso Wetland Park and Another v Sodwana Bay Guest Lodge and Another (01/2017) [2018] ZAKZDHC 60 (30 November 2018)

Court

Kwazulu-Natal High Court, Durban

Case number

01/2017

Judges

Steyn, Ploos van Amstel

High Court review confirming an Equality Court order for racial hate speech and unfair discrimination, with damages and restraints on further publication.

• Hate Speech
• Unfair Discrimination
• Human Dignity
• Equality Court Procedure
• Damages For Discrimination
• Freedom Of Expression Limitation

Magubane v Smith (01/2006)

Magubane v Smith (01/2006) [2006] ZAEQC 5 (3 March 2006)

Court

Equality Court

Case number

01/2006

Judge

G L Abrahams

The Equality Court found that racially abusive language directed at the complainant amounted to hate speech and ordered a written apology, with possible referral for prosecution if disobeyed.

• Hate Speech
• Equality Court Procedure
• Right To Dignity
• Hate-speech
• Equality-court-procedure
• Right-to-dignity