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Constitutional Law [2024] ZAGPJHC 253

Department of Social Development v Non-Profit Organisations Registered (2024/00063)

Department of Social Development v Non-Profit Organisations Registered (2024/00063) [2024] ZAGPJHC 253 (18 March 2024)

Court
South Gauteng High Court, Johannesburg
Case number
2024/00063
Judge
S D J Wilson

The application was dismissed because the Department failed to establish a rational factual link between the respondents and any reasonably anticipated unlawful activity. The group cited as the second respondent was incapable of meaningful definition and could not be identified in advance, making it impossible to give proper notice or establish reasonable apprehension of harm. The relief sought was overbroad, encompassing lawful conduct protected by constitutional rights to assemble, demonstrate, and picket, without distinguishing between lawful and unlawful actions. The court found that the…

Source excerpt

  • Interdictory Relief
  • Right To Assemble
  • Overbreadth Of Orders
  • Identification Of Parties
  • Reasonable Apprehension Of Harm
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Civil Procedure [2023] ZAFSHC 193

Harmony Golf Mining (Pty) Ltd and Others v Lejweleputswa Community Engagement Structure and Others (502/2023)

Harmony Golf Mining (Pty) Ltd and Others v Lejweleputswa Community Engagement Structure and Others (502/2023) [2023] ZAFSHC 193 (18 May 2023)

Court
Free State High Court, Bloemfontein
Case number
502/2023
Judge
Mhlambi

The High Court confirmed an interdict against respondents threatening a shutdown of Harmony mining operations, finding a clear right, apprehended harm, and no adequate alternative remedy.

  • Final Interdict
  • Urgent Interdict
  • Mining Operations
  • Community Protest
  • Reasonable Apprehension Of Harm
  • Final-interdict
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Civil Procedure [2023] ZAMPMHC 14

Capital Propfund (Pty) Ltd v Mabena and Others (913/2023)

Capital Propfund (Pty) Ltd v Mabena and Others (913/2023) [2023] ZAMPMHC 14 (24 April 2023)

Court
Middelburg High Court, Mpumalanga
Case number
913/2023
Judge
MBG Langa

The High Court granted an urgent interdict restraining protests and interference at a shopping plaza, finding unlawful conduct, ongoing harm, and inadequate redress.

  • Urgent Interdict
  • Trespass
  • Unlawful Gatherings
  • Regulation Of Gatherings Act
  • Reasonable Apprehension Of Harm
  • Costs On Attorney And Client Scale
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Civil Procedure [2022] ZAFSHC 232

Hayes and Another v Du Plessis and Others (2683/2022)

Hayes and Another v Du Plessis and Others (2683/2022) [2022] ZAFSHC 232 (7 September 2022)

Court
Free State High Court, Bloemfontein
Case number
2683/2022
Judge
Africa

Family dispute over alleged threats and harassment on a farm ended in dismissal of a final interdict application for lack of a reasonable apprehension of harm.

  • Final Interdict
  • Reasonable Apprehension Of Harm
  • Family Dispute
  • Occupation Rights
  • Balance Of Convenience
  • Final-interdict
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Civil Procedure [2022] ZAGPPHC 331

Mathevula and Others v Origin Manufacturers and Distributors t/a Home Hyper City (A213/21)

Mathevula and Others v Origin Manufacturers and Distributors t/a Home Hyper City (A213/21) [2022] ZAGPPHC 331 (19 May 2022)

Court
North Gauteng High Court, Pretoria
Case number
A213/21
Judges
Kooverjie, Mbongwe

The High Court dismissed an appeal against a final interdict protecting a business from alleged intimidation, threats, and disruptive conduct at its premises.

  • Final Interdict
  • Locus Standi
  • Mutually Destructive Versions
  • Reasonable Apprehension Of Harm
  • Alternative Remedy
  • Final-interdict
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Civil Procedure [2021] ZAGPPHC 842

Sefularo v Tshukudu (A135/2019)

Sefularo v Tshukudu (A135/2019) [2021] ZAGPPHC 842 (10 November 2021)

Court
North Gauteng High Court, Pretoria
Case number
A135/2019
Judges
Mabuse, Ceylon

The High Court upheld an appeal against a final protection order, finding insufficient proof of harassment or harm and setting the order aside.

  • Protection From Harassment Act
  • Interim And Final Protection Orders
  • Onus Of Proof
  • Audi Alteram Partem
  • Reasonable Apprehension Of Harm
  • Protection-from-harassment-act
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Civil Procedure [2019] ZAECPEHC 3

South African Teachers Union v Klub 24 and Others (3095/2018)

South African Teachers Union v Klub 24 and Others (3095/2018) [2019] ZAECPEHC 3 (19 February 2019)

Court
Eastern Cape High Court, Port Elizabeth
Case number
3095/2018
Judge
G J Gajjar

High Court costs ruling in an urgent interdict matter: SATU and the respondents were each ordered to pay their own costs after the rule nisi was discharged.

  • Costs Award
  • Urgent Interdict
  • Reasonable Apprehension Of Harm
  • Costs-award
  • Urgent-interdict
  • Reasonable-apprehension-of-harm
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Civil Procedure [2016] ZAWCHC 56

University of Cape Town v Davids and Others (2648/2016)

University of Cape Town v Davids and Others (2648/2016) [2016] ZAWCHC 56; [2016] 3 All SA 333 (WCC) (11 May 2016)

Court
Western Cape High Court, Cape Town
Case number
2648/2016
Judge
R Allie

The court found that the applicant established a clear right to protect its property and ensure a safe environment for students and staff. The respondents' conduct during protest action, including destruction of property, assault, and obstruction, constituted actual injury and justified a reasonable apprehension of future harm. The court held that criminal prosecution, disciplinary action, and damages were inadequate alternative remedies. The respondents' constitutional rights under section 17 are qualified by the requirement of peaceful protest and cannot justify unlawful conduct. The court…

Source excerpt

  • Final Interdict
  • Section 17 Rights
  • Protest Action
  • Property Rights
  • Reasonable Apprehension Of Harm
  • Alternative Remedy
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Constitutional Law [2016] ZAGPPHC 64

Gupta and Others v Malema and Others (9797/16)

Gupta and Others v Malema and Others (9797/16) [2016] ZAGPPHC 64 (11 February 2016)

Court
North Gauteng High Court, Pretoria
Case number
9797/16
Judge
J W Louw

The High Court granted an urgent interdict after finding that political statements by EFF leaders amounted to threats of violence against the Gupta applicants.

  • Threats Of Violence
  • Interdict
  • Freedom Of Expression
  • Reasonable Apprehension Of Harm
  • Threats-of-violence
  • Freedom-of-expression
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Administrative Law [2013] ZAFSHC 65

Provincial Commissioner: South African Police Service v Tshabalala and Another (5090/2012)

Provincial Commissioner: South African Police Service v Tshabalala and Another (5090/2012) [2013] ZAFSHC 65 (9 May 2013)

Court
Free State High Court, Bloemfontein
Case number
5090/2012
Judge
L.J. Lekale

The court dismissed an urgent application for a final interdict under SASREA, finding no reasonable apprehension of harm and ordering costs against the applicant.

  • Interdict
  • Reasonable Apprehension Of Harm
  • Safety At Sports And Recreational Events Act
  • Non Joinder
  • Costs Order
  • Reasonable-apprehension-of-harm
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.