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South Africa Case Law

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Land And Property [2024] ZAWCHC 422

City Mission t/a Cape Town Mission v City Mission Education Services t/a CMES and Others (20009/2017)

City Mission t/a Cape Town Mission v City Mission Education Services t/a CMES and Others (20009/2017) [2024] ZAWCHC 422 (13 December 2024)

Court
Western Cape High Court, Cape Town
Case number
20009/2017
Judge
Van den Berg AJ

The Court found that the plaintiff is the registered owner of the property and that the first defendant's occupation was initially lawful under a lease agreement, which was validly terminated after repeated breaches and expiry. The first defendant failed to regularise its occupation or pay arrears despite ample opportunity and notice. The arguments advanced by the first defendant regarding duress, conflict of interest, and zoning were unsupported by credible evidence and did not establish a legal right to remain. The Court considered the constitutional rights of the children and the obligatio…

Source excerpt

  • Eviction Of Unlawful Occupier
  • Rei Vindicatio
  • Best Interests Of The Child
  • Lease Agreement Termination
  • Horizontal Application Of Bill Of Rights
  • School Relocation
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Constitutional Law [2020] ZACC 12

AB and Another v Pridwin Preparatory School and Others (CCT294/18)

AB and Another v Pridwin Preparatory School and Others (CCT294/18) [2020] ZACC 12; 2020 (9) BCLR 1029 (CC); 2020 (5) SA 327 (CC) (17 June 2020)

Court
Constitutional Court
Case number
CCT 294/18
Judges
Mogoeng, Cameron, Froneman, Jafta, Khampepe, Ledwaba, Madlanga, Mhlantla, Nicholls, Theron

The Constitutional Court held that independent schools providing basic education are subject to constitutional obligations not to diminish a child's right to basic education and must act in the best interests of the child. Clause 9.3 of the Parent Contract, which allowed Pridwin to terminate the contract unilaterally without affording a fair hearing, was declared unconstitutional, contrary to public policy, and unenforceable to the extent that it permits cancellation without fair procedure. The Court found that the best interests of the child and the right to basic education are directly impl…

Source excerpt

  • Best Interests Of The Child
  • Right To Basic Education
  • Horizontal Application Of Bill Of Rights
  • Contractual Termination In Education
  • Procedural Fairness
  • Children's Participation Rights
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Constitutional Law [2018] ZASCA 150

A B and Another v Pridwin Preparatory School and Others (1134/2017)

A B and Another v Pridwin Preparatory School and Others (1134/2017) [2018] ZASCA 150; [2019] 1 All SA 1 (SCA); 2019 (1) SA 327 (SCA); 2019 (8) BCLR 1006 (SCA) (1 November 2018)

Court
Supreme Court of Appeal
Case number
1134/2017
Judges
Shongwe ADP, Cachalia JA, Mocumie JA, Schippers JA, Mothle AJA

The majority held that the parent contracts were freely and voluntarily entered into, with clear terms permitting termination on notice for any reason. The Constitution does not impose a general requirement for a hearing before termination in private contracts, and neither section 28(2) nor section 29(1)(a) creates such a right in this context. The school acted reasonably and in the best interests of the children by giving extended notice and considering the interests of all stakeholders. The termination clause is not unconstitutional or contrary to public policy, and PAJA does not apply as t…

Source excerpt

  • Best Interests Of The Child
  • Right To Basic Education
  • Termination Of Contract
  • Public Policy In Contract
  • Procedural Fairness
  • Horizontal Application Of Bill Of Rights
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Constitutional Law [2014] ZAWCHC 167

City of Cape Town v Khaya Projects (Pty) Ltd and Others (21166/12)

City of Cape Town v Khaya Projects (Pty) Ltd and Others (21166/12) [2014] ZAWCHC 167; 2015 (1) SA 421 (WCC); [2015] 1 All SA 81 (WCC) (11 November 2014)

Court
Western Cape High Court, Cape Town
Case number
21166/12
Judge
Mantame

The court held that Section 26(1) of the Constitution imposes the obligation to provide adequate housing on the state, not on private contractors. The applicant did not have a direct contractual relationship with the first respondent, and there was no evidence of a principal-agent relationship that would confer locus standi to intervene in the arbitration. The relief sought was academic, as the dispute over defective work was subject to ongoing arbitration between first and second respondents, and the applicant could not claim constitutional obligations that were neither expressly nor implied…

Source excerpt

  • Right To Adequate Housing
  • Horizontal Application Of Bill Of Rights
  • Arbitration Lapse
  • Principal Agent Relationship
  • Building Regulations
  • Declaratory Relief
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Constitutional Law [1996] ZACC 11

Gardener v Whitaker (CCT26/94)

Gardener v Whitaker (CCT26/94) [1996] ZACC 11; 1996 (6) BCLR 775; 1996 (4) SA 337 (15 May 1996)

Court
Constitutional Court
Case number
CCT26/94
Judges
Kentridge, Chaskalson, Mahomed, Ackermann, Didcott, Kriegler, Langa, Madala, Mokgoro, O'Regan, Sachs

The Constitutional Court held that although constitutional issues were raised regarding the application of Chapter 3 to private litigation and the development of the common law of defamation, the case also involved factual and mixed law issues suitable for the Appellate Division. The lower court's judgment was based on the development of the common law in light of constitutional values, not on direct horizontal application of constitutional rights. The Constitutional Court does not have jurisdiction to choose between competing versions of the common law, and appeals involving both constitutio…

Source excerpt

  • Horizontal Application Of Bill Of Rights
  • Retrospective Application Of Constitution
  • Defamation
  • Qualified Privilege
  • Freedom Of Expression
  • Human Dignity
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.