Smit NO and Others v King Goodwill Zwelithini Kabhekuzulu and Others (10237/2009)
Smit NO and Others v King Goodwill Zwelithini Kabhekuzulu and Others (10237/2009) [2009] ZAKZPHC 75 (4 December 2009)
The court found that the applicants failed to provide admissible, reliable factual evidence from eyewitnesses to support their allegations of cruelty in the ritual slaughter of the bull at the Ukweshwama festival. The only direct evidence was provided by the respondents, who described the ritual as a symbolic and culturally significant act performed without the cruelty alleged. The court held that the relief sought, although framed as interim, would have a final effect and thus required proof on a balance of probabilities. Applying the Plascon-Evans principle, the court preferred the responde…
Source excerpt
- Animal Protection Act
- Freedom Of Religion And Culture
- Interim Interdict
- Balance Of Convenience
- Bill Of Rights Limitation