South Africa Case Law

Scalabrini Centre of Cape Town and Another v Minister of Social Development and Others (22808/2020)

Scalabrini Centre of Cape Town and Another v Minister of Social Development and Others (22808/2020) [2020] ZAGPPHC 308; 2021 (1) SA 553 (GP) (18 June 2020)

Court

North Gauteng High Court, Pretoria

Case number

22808/2020

Judge

S A M Baqwa

The exclusion of asylum seekers and special permit holders from eligibility for the Covid-19 Social Relief of Distress grant was found to be unlawful, unconstitutional, and invalid. The Court held that section 27 of the Constitution guarantees the right to social assistance to 'everyone', which includes non-citizens lawfully present in South Africa. The relevant regulations, when read purposively and in light of Regulation 9(5), extend eligibility for social relief of distress during a disaster to all affected households, not only citizens, permanent residents, or refugees. The differentiatio…

Source excerpt

• Social Relief Of Distress Grant
• Equality Rights
• Human Dignity
• Disaster Management Act
• Refugees And Asylum Seekers
• Judicial Review Of Regulations

City of Cape Town v Balus and Others (21616/19)

City of Cape Town v Balus and Others (21616/19) [2020] ZAWCHC 22 (17 March 2020)

Court

Western Cape High Court, Cape Town

Case number

21616/19

Judge

D.M. Thulare

The court confirmed a rule nisi against protestors occupying Cape Town streets, held the City could seek civil contempt relief, and made no costs order.

• Municipal By Laws Enforcement
• Refugees And Asylum Seekers
• Civil Contempt
• Judicial Oversight
• Immigration Act Application
• Bill Of Rights Protection