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South Africa decisions
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Mayongo v Preyer (EC03/2024) [2025] ZAEQC 5 (14 May 2025)
An Equality Court ordered costs against the respondent, authorized his arrest warrant, and postponed the matter after he failed to attend proceedings.
Cape South African Jewish Board of Deputies v Torr (EC11/2025) [2025] ZAEQC 4 (9 May 2025)
The respondent's videos, viewed contextually, propagated extreme, vile, and false accusations against Jewish people, including ritual murder, cannibalism, pedophilia, sexual violence, and inherent brutality. These statements were not bona fide artistic, academic, or scientific inquiry, nor fair and accurate reporting. The content was intended to incite harm and propagate hatred against Jewish people, falling squarely within the definition of hate speech under section 10(1) of PEPUDA. Freedom of expression under section 16 of the Constitution does not protect such speech. The respondent's cond…
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Mokoditoa and Others v Council for Medical Schemes and Others (23910/2022) [2025] ZAEQC 3 (10 February 2025)
The Equality Court issued directions to regularise defective EqualitY Court papers, requiring the original Form 2 and founding affidavit to be restored and served properly.
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.
Sambogo and Another v Alfa Laval SA (Pty) Ltd (2024/031166) [2025] ZAEQC 2 (2 January 2025)
The Equality Court held that workplace discrimination and retaliation complaints were more appropriately dealt with by the Labour Court and removed the matter.
Ackerman v Amaning and Another (EQ3/2023) [2024] ZAEQC 3 (6 June 2024)
The Equality Court granted the applicant leave to appeal to the Supreme Court of Appeal, finding reasonable prospects of success and important questions on merit and remedy.
AfriForum v Economic Freedom Fighters and Others (1105/2022) [2024] ZASCA 82; [2024] 3 All SA 319 (SCA); 2024 (10) BCLR 1275 (SCA); 2024 (6) SA 1 (SCA) (28 May 2024)
The Supreme Court of Appeal held that the application for recusal of Acting Justice Keightley did not meet the objective test for bias, as her prior remarks did not demonstrate a reasonable apprehension of partiality. The issue estoppel defence was rejected because the interests of justice and equity did not support barring AfriForum's complaint, given the constitutional importance of the issues and the lack of complete identity of parties. On the merits, the Court found that the singing of 'Dubula ibhunu' and 'Shisa lamabhunu' by the respondents, in the context of EFF political events, did n…
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Amaning and Others v Ackerman (EQ3/2023) [2024] ZAEQC 2 (10 May 2024)
The court found that the respondent, Mr Ackerman, used the k word in communications with Mr Wellman on three occasions. These communications, though not widely disseminated, were not within the intimate personal sphere and were sufficiently public to constitute 'communication' under section 10(1) of the Equality Act. The court rejected the respondent's argument that the communications were private and thus protected, holding that the context—a business relationship between two associates—did not attract the highest degree of privacy. The court relied on the purposive interpretation of section…
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Redpath Mining (South Africa) (Pty) Ltd v Siyakhula Sonke Empowerment Corporation (Pty) Ltd (51107/2021) [2024] ZAGPJHC 288 (8 May 2024)
The High Court ordered security for costs, finding the underlying action vexatious and frivolous and staying the proceedings until security is furnished.
C.P v Venter and Others (EC 09/2021) [2024] ZAWCHC 124; 2024 (6) SA 586 (WCC) (8 May 2024)
The court held that the Equality Court may not sit as both a High Court and Equality Court in the absence of parallel proceedings in the High Court. The Equality Court is a distinct forum with jurisdiction limited to causes of action provided for by the Equality Act. Relief sought under the Constitution or other statutes must be pursued in the appropriate forum. The applicant's allegations of harassment and discrimination did not establish a prima facie case under the Equality Act, as there was no evidential basis linking the conduct to prohibited grounds such as race or language. The school’…
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