Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
South Africa decisions
Decisions matching the current search
Tumelo Donald Maketekete and Others v The State (A84/2023) [2025] ZAFSHC 198 (25 June 2025)
Appeal against conviction and sentence dismissed after the court upheld police identification evidence arising from public unrest and confirmed 18 months' correctional supervision.
Vukile Property Fund Ltd v Gugulethu Residents and Others (19970/2024) [2025] ZAWCHC 130 (20 March 2025)
The court found that the respondents' letter constituted an unequivocal threat to unlawfully shut down the Gugulethu Mall and interfere with its operations, thereby infringing the applicant's right to trade and operate its business. The respondents did not dispute the applicant's factual averments nor provide any undertaking to refrain from unlawful conduct. The right to protest is protected but subject to legal limitations, including the requirement that protest be peaceful and lawful, and that the rights of others be respected. The respondents failed to demonstrate compliance with the Regul…
Source excerpt
CCI South Africa (Pty) Ltd v African National Congress Youth League and Others (DA31/22) [2024] ZALAC 7; [2024] 5 BLLR 435 (LAC); (2024) 45 ILJ 969 (LAC) (6 March 2024)
The Labour Appeal Court dismissed a moot appeal over a proposed protest, holding the Labour Court lacked jurisdiction because the action involved a political party, not employees or a union.
Dyibishe v Minister of Police (3050/2019) [2023] ZAECMKHC 108 (5 October 2023)
The High Court held the Minister of Police liable after finding that Nomsa Dyibishe was shot by police during a Bathurst crowd-control operation.
Enoch Mgijima Municipality v Komani Protest Action (KPA) and Others (444/2023) [2023] ZAECMKHC 64 (23 May 2023)
The court found that the respondents, while exercising their constitutional rights to protest, failed to comply with the Regulation of Gatherings Act by not giving proper written notice to the municipality. The respondents admitted to violent and unlawful conduct during the protests, including blockades and trashing of streets, which infringed on the rights of other citizens and disrupted municipal operations. The interim interdict sought and obtained was limited to restraining unlawful conduct, not peaceful protest. The court held that the applicant was justified in seeking urgent relief, bu…
Source excerpt
Capital Propfund (Pty) Ltd v Mabena and Others (913/2023) [2023] ZAMPMHC 14 (24 April 2023)
The High Court granted an urgent interdict restraining protests and interference at a shopping plaza, finding unlawful conduct, ongoing harm, and inadequate redress.
Go Touch Down Resort-Season CC and Another v Farm Rural Informal Dwellers Association and Another (60735/2021) [2022] ZAGPPHC 50 (20 January 2022)
Urgent interim interdict granted against unlawful protest conduct at applicants’ premises, with a rule nisi and costs ordered to lie where they fall.
African Exploration Mining and Finance Corporation (SOC) Ltd v Masina and Others (808/2021) [2021] ZAMPMHC 6 (11 March 2021)
The court found that the respondents' protest action was unlawful, violent, and not authorized under the Regulation of Gatherings Act. The respondents threatened employees, damaged property, and obstructed the mine's operations, thereby contributing to economic harm. The South African Police Services failed in their constitutional duty by refusing to intervene without a court order, despite clear criminal conduct. The court emphasized that the Police do not have discretion to ignore their constitutional mandate and that their inaction encourages lawlessness. Urgent interdictory relief was gra…
Source excerpt
Durban University of Technology v Godlimpi and Others (D1411/2019) [2020] ZAKZDHC 66 (22 December 2020)
The court found that the applicant had established the requirements for a final interdict: a clear right to protect its property, staff, and students; injury in the form of violence, property damage, and disruption; and no alternative remedy, as security and police intervention had failed. The respondents' opposition was largely bare denials and did not meaningfully challenge the factual matrix. The relief sought did not infringe constitutional rights to protest or freedom of expression, as it was limited to preventing unlawful conduct and did not prohibit peaceful protest or attendance at le…
Source excerpt
National Union of Metal Workers of South Africa and Others v Dunlop Mixing and Technical Services (Pty) Ltd and Others (6/2020) [2020] ZASCA 161; [2021] 3 BLLR 221 (SCA); (2021) 42 ILJ 475 (SCA); 2021 (4) SA 144 (SCA) (7 December 2020)
The Supreme Court of Appeal held that an authorised picket in terms of section 69(1) of the Labour Relations Act is not a gathering to which section 11 of the Regulation of Gatherings Act applies. The LRA provides a comprehensive and specialised regime for regulating strikes and pickets, including remedies for unlawful conduct, and is intended to operate to the exclusion of the general provisions of the Gatherings Act in this context. The procedural and substantive requirements of the Gatherings Act do not apply to pickets authorised under the LRA, and liability for loss or damage arising fro…
Source excerpt
Explore more
