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South Africa Case Law

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Constitutional Law [2024] ZAGPJHC 903

Zuma and Another v South African Broadcasting Corporation and Others (077748/2024)

Zuma and Another v South African Broadcasting Corporation and Others (077748/2024) [2024] ZAGPJHC 903 (30 August 2024)

The court found that the applicants failed to establish sufficient urgency to warrant hearing the matter on the urgent roll. While the applicants alleged ongoing constitutional violations by the SABC, the court held that the urgency was not adequately substantiated, particularly given the applicants' own indication that the matter was of such importance as to merit a special allocation to a Full Court. The court also noted procedural shortcomings, including the absence of a Rule 16A notice, which is necessary for constitutional matters potentially affecting third parties. The SABC's delays an…

  • Media Freedom
  • Public Broadcasting Obligations
  • Urgent Interdict
  • Review Under Paja
  • Rule 16a Notice
  • Just And Equitable Relief
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Constitutional Law [2019] ZAGPJHC 166

Brown v Economic Freedom Fighters and Others (14686/2019)

Brown v Economic Freedom Fighters and Others (14686/2019) [2019] ZAGPJHC 166; [2019] 3 All SA 499 (GJ); 2019 (6) SA 23 (GJ) (6 June 2019)

The High Court found it had jurisdiction to hear the matter, as the relief sought did not fall within the exclusive jurisdiction of the Electoral Court. The respondents, as a political party and its leader, are expressly bound by the Electoral Code of Conduct and failed to comply with their obligations to instruct and take reasonable steps to ensure their supporters did not harass, intimidate, or threaten the applicant, a female journalist. The respondents' conduct, including their refusal to intervene and their public statements, fell short of what was required by the Code, particularly rega…

  • Electoral Code Of Conduct
  • Media Freedom
  • Gender Rights
  • Harassment And Intimidation
  • Declaratory Relief
  • Jurisdiction Of High Court
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Civil Procedure [2011] ZAWCHC 449

Els v Weideman and Another (3392/2008)

Els v Weideman and Another (3392/2008) [2011] ZAWCHC 449 (7 December 2011)

The court held that the breach of the interdictory order by the respondents constituted a serious contempt of court, undermining the dignity, repute, and authority of the judiciary. In determining sentence, the court considered the seriousness of the offence, the interests of society in upholding the rule of law, and the personal and corporate circumstances of the offenders. The court found that imprisonment, correctional supervision, or suspended sentences were inappropriate given the nature of the offenders and the circumstances. The only suitable sentence was the imposition of fines, calib…

  • Contempt Of Court
  • Interdictory Relief
  • Media Freedom
  • Sentencing Principles
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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.