South Africa Case Law

Mbiza and Another v Timati (2023/053714)

Mbiza and Another v Timati (2023/053714) [2025] ZAGPJHC 651 (27 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/053714

Judge

Dippenaar

The court found that the respondent made four Facebook posts after the interim interdict of 21 June 2023, at least two of which were defamatory and injurious to the applicants. The respondent's denials were bald, unsubstantiated, and failed to create bona fide factual disputes. The respondent did not provide any valid defence such as truth, fair comment, or privilege, nor did he discharge the evidential burden to cast reasonable doubt on willfulness and mala fide conduct. The court held that the respondent's conduct was in flagrant disregard of the court order and amounted to contempt beyond…

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• Civil Contempt Of Court
• Defamation
• Interim Interdict
• Social Media Publication
• Freedom Of Expression Limitation

City of Cape Town v Adams (EC06/2023)

City of Cape Town v Adams (EC06/2023) [2024] ZAEQC 1 (1 March 2024)

Court

Equality Court

Case number

EC06/2023

Judge

Mangcu-Lockwood

The court found that the respondent's repeated references to the Municipal Manager's origin from the Eastern Cape were not neutral geographic statements but coded language and a racial trope for 'Black African.' The utterances conveyed that Black African persons from the Eastern Cape are outsiders, incapable of caring for Coloured communities, and unqualified to lead in the Western Cape. This amounted to 'othering' and perpetuated the apartheid-era concept of separate development. The court held that the statements impaired the dignity of the Municipal Manager, undermined his leadership on th…

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• Hate Speech
• Unfair Discrimination
• Harassment
• Promotion Of Equality And Prevention Of Unfair Discrimination Act
• Freedom Of Expression Limitation

Centre for Child Law and Others v Media 24 Limited and Others (CCT261/18)

Centre for Child Law and Others v Media 24 Limited and Others (CCT261/18) [2019] ZACC 46; 2020 (3) BCLR 245 (CC); 2020 (1) SACR 469 (CC); 2020 (4) SA 319 (CC) (4 December 2019)

Court

Constitutional Court

Case number

CCT261/18

Judges

Mogoeng, Cameron, Froneman, Jafta, Khampepe, Ledwaba, Madlanga, Mhlantla, Nicholls, Theron

The Constitutional Court held that section 154(3) unlawfully failed to protect child victims’ identities and should extend beyond age 18, subject to consent or court order.

• Identity Protection Of Children
• Best Interests Of The Child
• Freedom Of Expression Limitation
• Open Justice
• Equality Before The Law
• Restorative Justice

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