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South Africa decisions
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Damane v Minister of Police (1780/12) [2019] ZAECMHC 31 (25 June 2019)
The High Court dismissed claims for unlawful arrest, detention, dignity and legal costs, but awarded R90,000 for wrongful assault in police custody.
Kariega Park Limited v D and Others (CA 252/2017) [2018] ZAECGHC 102 (12 October 2018)
The court found that the regional magistrate erred in his approach to pleadings and evaluation of evidence, overemphasising formalistic requirements and failing to properly assess the substance of the respondents' viva voce evidence. The respondents provided credible and detailed accounts of being subjected to intrusive body searches, which the court accepted as true on a balance of probabilities. The conduct of the appellant's catering manager constituted wrongful sexual violation, for which the appellant is vicariously liable. The impairment of dignity suffered by the respondents was aggrav…
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Chowan v Associated Motor Holdings (Pty) Ltd and Others (22142/16) [2018] ZAGPJHC 40; [2018] 2 All SA 720 (GJ); 2018 (4) SA 145 (GJ); (2018) 39 ILJ 1523 (GJ) (23 March 2018)
The court held that an employee’s grievance about racial and gender discrimination was a protected disclosure, and that her suspension, discipline and dismissal were unlawful.
Bikitsha v MEC for Department of Education, Eastern Cape and Another (1742/2010) [2013] ZAECMHC 35 (21 November 2013)
The High Court held that a principal’s comparison of an educator to a dead dog wrongfully impaired her dignity, awarding R20,000 in damages.
Masiu v Ramos (A217/11) [2012] ZAFSHC 79 (26 April 2012)
High Court appeal on whether a letter accusing a court employee of corruption and bribery was defamatory and published, justifying absolution from the instance.
Strydom v Nederduitse Gereformeerde Gemeente Moreleta Park (26926/05) [2008] ZAEQC 1; (2009) 30 ILJ 868 (EqC) (27 August 2008)
The court found that the termination of the applicant's contract was based solely on his sexual orientation, a prohibited ground under PEPUDA and the Constitution. The respondent failed to prove that the discrimination was fair, as the applicant was not in a position of spiritual leadership nor required to teach Christian doctrine. The church's reliance on religious freedom did not outweigh the applicant's right to equality and dignity, especially given his limited role and lack of church membership. The discrimination caused significant emotional, psychological, and financial harm to the app…
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Strydom v Nederduitse Gereformeerde Gemeente Moreleta Park (26926/05) [2008] ZAGPHC 269; (2009) 30 ILJ 868 (EqC) (27 August 2008)
The court found that the applicant was unfairly discriminated against on the ground of sexual orientation when his contract was terminated by the church. The respondent failed to prove that the discrimination was fair or justified by religious doctrine, as the applicant was not in a position of spiritual leadership nor required to teach Christian doctrine. The impact on the applicant's dignity and equality was severe, while the effect on the church's religious freedom was minimal. The church's reliance on international case law was distinguishable on the facts. The court held that constitutio…
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Donaldo v Haripersa (29/05) [2007] ZAEQC 3 (5 January 2007)
The court found that the applicant's claim for financial losses related to the aborted study visit and legal expenses was not occasioned by any action of the respondent and was therefore dismissed. The unsubstantiated medical costs were also disallowed. However, the court sustained the applicant's claim for impairment of dignity and emotional and psychological suffering, noting the public nature of the hate speech and its ongoing impact on the applicant. The respondent did not meaningfully dispute the substance of the complaint and abandoned his earlier denial. The court determined that an aw…
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Minister of Safety and Security v Meyer and Another (A690/04) [2004] ZAWCHC 31 (8 November 2004)
High Court appeal on insulting police-radio remarks: no defamation, but an iniuria was found, with vicarious liability upheld and damages reduced to R3,000.
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