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South Africa decisions
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Madimabe v Mosito and Another (EQ10/2023) [2025] ZAEQC 1 (27 January 2025)
The Equality Court dismissed a complaint arising from a property and harassment dispute, finding no prima facie case of unfair discrimination under the Equality Act.
Liberty Fighters Network v Core Computer Business (Pty) Ltd and Others (24942+3/2022) [2024] ZAEQC 5 (12 August 2024)
The court found that the applicant, Liberty Fighters Network, failed to establish legal authority for its representative to institute proceedings on behalf of the association and its members. The Equality Court lacks jurisdiction over employment-related disputes, which fall under the Labour Relations Act and the exclusive jurisdiction of the Labour Court. The applicant failed to join the cabinet minister responsible for the Disaster Management Act and its regulations, resulting in a material non-joinder. The application did not meet the procedural requirements for certification as a class act…
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Changsen v Minister of Justice and Correctional Services and Another (EC 04 / 2021) [2024] ZAEQC 4 (10 July 2024)
The court found that the applicant's claims for damages and declaratory relief are prescribed under statutory law, as no statutory notice was given to the respondents and the claims were not instituted within the required timeframes. The applicant failed to establish a prima facie case of unfair discrimination, as the allegations lacked specificity and evidential basis. The court held that constitutional damages are not available where common law remedies exist and have prescribed, and that the Equality Court does not have jurisdiction over academic or hypothetical claims where effective reme…
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Pinto v Dimension Data and Others (EQ 3/2021) [2022] ZAEQC 4 (15 June 2022)
The court held that the applicant's claims for unfair discrimination, whether framed in terms of contract, delict, or Pepuda, arise from his employment relationship with Dimension Data. The EEA and LRA provide exclusive jurisdiction to the Labour Court for such claims, and Pepuda expressly excludes its application where the EEA applies. The fact that the employment relationship ended before the claim was brought does not alter the jurisdictional position, as the rights in question arose during employment. Accordingly, the Equality Court lacks jurisdiction to entertain the applicant's complain…
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De La Rey v PH De La Rey Family Trust and Others (79354/2017) [2020] ZAGPPHC 797 (30 December 2020)
The High Court granted leave to appeal against its 22 May 2020 judgment, including on a procedural jurisdiction point and the merits of Equality Court jurisdiction.
South African National Editors' Forum and Others v Economic Freedom Fighters and Another (90405/18) [2019] ZAEQC 6 (24 October 2019)
The Equality Court dismissed SANEF and journalists’ hate speech and harassment claims against the EFF and Julius Malema, finding no protected ground or causation.
Herselman v Geleba (231/2009) [2011] ZAECGHC 108 (1 September 2011)
The court held that the conduct complained of, namely the appellant's use of the word 'baboon' directed at the respondent, fell within the ambit of PEPUDA as it was racially charged and undermined the respondent's dignity. The court adopted a disjunctive reading of section 10, finding that it sufficed for any one of the elements—hurtful, harmful/inciting harm, or promoting/propagating hatred—to be present for conduct to constitute hate speech. The objective test was applied, focusing on the effect of the words on the recipient community, specifically a reasonable African person, rather than t…
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Manong & Associates v Department of Transport, Eastern Cape Province and Another (928/06_) [2007] ZAECHC 84; 2008 (6) SA 423 (EqC) (18 October 2007)
The Equality Court held it lacked jurisdiction to review a procurement disqualification or decide the constitutionality of bid rules, and dismissed the application with costs.
Manong & Associates (Pty) Ltd v Department of Transport in the Eastern Cape Province and Another (928/06) [2007] ZAEQC 1; 2008 (6) SA 423 (Eqc) (18 October 2007)
The Equality Court held it lacked jurisdiction to review a tender disqualification or decide the constitutionality of procurement rules, and dismissed the application with costs.
Minister of Environmental Affairs and Tourism v George and Others (437/05 , 437/05) [2006] ZASCA 57; 2007 (3) SA 62 (SCA) (18 May 2006)
The Supreme Court of Appeal held that the equality court's refusal to refer the matter to the high court did not constitute an appealable order, as the statute only provides for an order when a referral is made, not when it is refused. The court further found that the high court, when sitting as an equality court, cannot refer a matter to itself in another capacity. Additionally, the Minister required leave to appeal from the equality court's decision, which was not sought or obtained, rendering the appeal incompetent. The application for condonation for late filing of the notice of appeal wa…
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