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South Africa decisions
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Roberts v Mabuza (A091314/2024) [2025] ZAGPJHC 668 (2 July 2025)
The High Court dismissed an appeal against a protection order, holding that repeated profane and demeaning workplace remarks amounted to harassment under the Act.
Forbay and Others v University of South Africa (J493819) [2025] ZALCJHB 254 (20 June 2025)
The Labour Court dismissed a discrimination claim by four UNISA managers, finding no proof of race or gender-based harassment, victimisation, or unfair treatment.
Mediclinic Nelspruit (Pty) Ltd v Shiba and Others (JR1899/21) [2025] ZALCJHB 218 (9 June 2025)
The court found that the commissioner committed a gross irregularity by failing to properly assess the evidence regarding Shiba's defiance of workplace directives and the protection order. The evidence demonstrated that Shiba's interactions with Nyakane were personal and unwelcome, not work-related, and persisted despite clear instructions to cease contact. The commissioner misapprehended the material facts and failed to appreciate the seriousness of Shiba's conduct, resulting in an unreasonable award. The court held that both the procedural and substantive fairness findings were incorrect, a…
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M.M.S v H.K (2023/117058) [2025] ZAGPJHC 387 (17 April 2025)
Leave to appeal was refused because material factual disputes prevented final interdictory relief, and the alleged non-disclosure did not change the result.
M.P.T.M and Another v Minister of Justice and Constitutional Development and Others (2025-018563) [2025] ZAGPJHC 325 (28 March 2025)
The court found that the applicants established a prima facie right to protection from harm and intimidation, based on credible evidence linking Lt. Col. Gafoor to repeated, serious threats. The respondents failed to cast serious doubt on this evidence, and the applicants' apprehension of harm was reasonable, especially given their impending eviction and vulnerability. The balance of convenience favoured granting interim relief, as the inconvenience to the Minister was minimal compared to the potential harm to the applicants. The court held that only an interdict could effectively restrain th…
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M.M.S v H.K and Another (2023/117058) [2025] ZAGPJHC 88 (7 February 2025)
The High Court discharged a rule nisi and dismissed an interdict application and counter-application over disputed defamation and harassment claims, citing material non-disclosure.
Padayachee v Gauteng Department of Education (JS485/23) [2024] ZALCJHB 501; [2025] 4 BLLR 428 (LC) (1 December 2024)
The court found that the defendant's officials engaged in persistent and serious unwanted conduct towards the plaintiff, including unjustified claims of language and cultural barriers, ostracism, and the appointment of an auxiliary social worker without basis. This conduct amounted to harassment and unfair discrimination on the grounds of race, culture, ethnicity, and language, as prohibited by the Employment Equity Act. The defendant failed to take any meaningful steps to address the plaintiff's grievances or investigate the complaints, thereby rendering itself liable for the discriminatory…
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Solidarity obo K v Western Cape Education Department and Others (C70/22) [2024] ZALCCT 59 (22 November 2024)
The applicant failed to establish that the harassment suffered was based on discrimination as contemplated by the Employment Equity Act. The evidence showed that the conduct of the subordinate, Engelbrecht, towards K[...] was irrational and unacceptable, but not linked to any listed or analogous ground of discrimination. The applicant did not identify or prove an arbitrary ground that impaired dignity as required by Harksen v Lane. The Department responded to grievances with disciplinary action and ultimately dismissed Engelbrecht, demonstrating reasonable steps to eliminate the conduct. The…
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PSA obo Jacobus v Minister Justice and Correctional Service (P54/22) [2024] ZALCPE 51 (8 November 2024)
The Labour Court dismissed a discrimination and harassment claim after finding the applicant had not pleaded or proved a race-based case under the EEA.
Pringle v Mailula (773/23) [2024] ZASCA 146; 2025 (1) SACR 117 (SCA) (25 October 2024)
The Supreme Court of Appeal held that further evidence was properly received under the Protection from Harassment Act and reinstated the protection order.
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