Shevel v Alson Development Sea Point (Pty) Ltd and Another (A77/2020) [2021] ZAWCHC 7; [2021] 2 All SA 260 (WCC) (27 January 2021)
Court
Western Cape High Court, Cape Town
Case number
A77/2020
Judges
P.A.L. Gamble, B.P. Mantame
High Court appeal against an eviction order was dismissed. The court confirmed that the occupier was in unlawful occupation, and fixed a new vacate date under PIE and lockdown regulations.
S v Baron (586/20) [2020] ZAWCHC 131 (16 October 2020)
Court
Western Cape High Court, Cape Town
Case number
586/20
Judges
R.C.A. Henney, M.I. Samela
High Court review of a theft sentence: 12 months’ direct imprisonment for stealing chocolates was set aside as excessive and replaced with 9 months’ imprisonment.
De Beer and Others v Minister of Cooperative Governance and Traditional Affairs (21542/2020) [2020] ZAGPPHC 184; 2020 (11) BCLR 1349 (GP) (2 June 2020)
Court
North Gauteng High Court, Pretoria
Case number
21542/2020
Judge
N Davis
The court found that the declaration of a national state of disaster in response to COVID-19 was rational and lawful. However, a substantial number of the regulations promulgated under section 27(2) of the Disaster Management Act were not rationally connected to their stated objectives of slowing the rate of infection or limiting the spread of the virus. The Minister failed to demonstrate that the limitations imposed by these regulations on constitutional rights were justified under section 36 of the Constitution. The court held that the enforcement of such regulations, without a proper evalu…
Mohamed and Others v President of the Republic of South Africa and Others (21402/20) [2020] ZAGPPHC 120; [2020] 2 All SA 844 (GP); 2020 (7) BCLR 865 (GP); 2020 (5) SA 553 (GP) (30 April 2020)
Court
North Gauteng High Court, Pretoria
Case number
21402/20
Judge
Neukircher
The court held that the lockdown regulations, though imposing severe limitations on constitutional rights including freedom of religion, movement, and association, are reasonable and justifiable under section 36 of the Constitution in the context of the COVID-19 pandemic. The regulations are time-bound, based on expert advice, and designed to protect life, dignity, and access to healthcare by limiting social contact and preventing the healthcare system from being overwhelmed. The applicants' request for exemptions for religious gatherings would pose significant risks to public health, be impo…
Administrator of Dr J S Moroka Municipality and Others v Kubheka (1170/20) [2020] ZAMPMHC 3; [2020] 3 All SA 96 (ML); [2020] HIPR 126 (ML) (3 April 2020)
Court
Middelburg High Court, Mpumalanga
Case number
1170/20
Judge
Brauckmann
The court found that most legal practitioners attending the urgent application on 31 March 2020 failed to comply with the Disaster Management Act regulations and directives regarding travel and permits during the COVID-19 lockdown. Only one practitioner, Adv Matlala, presented a valid permit issued by the relevant Legal Practice Council. The regulations and directives were clear: travel across provincial borders and attendance at court were strictly limited to essential and urgent matters, and only upon presentation of a valid permit. The court held that practitioners who breached these requi…
Ex Parte: van Heerden (1079/2020) [2020] ZAMPMBHC 5 (27 March 2020)
Court
Mbombela High Court, Mpumalanga
Case number
1079/2020
Judge
Roelofse
An ex parte application to permit inter-provincial travel for a funeral during South Africa’s COVID-19 lockdown was dismissed as contrary to the regulations.
