South Africa Case Law

Solidarity and Another v Black First Land First and Others (163/2020)

Solidarity and Another v Black First Land First and Others (163/2020) [2021] ZASCA 26 (24 March 2021)

Court

Supreme Court of Appeal

Case number

163/2020

Judges

Ponnan, Molemela, Nicholls, Goosen, Unterhalter

The Supreme Court of Appeal found that the Equality Court failed to discharge its primary function by declaring the proceedings a nullity and declining to resolve the dispute. The order issued was neither final nor enforceable, leaving the parties without a binding decision. The high court was required to consider the impact of the Qwelane judgment on the constitutionality of section 10 of the Equality Act, but regardless of its relevance, the court was obliged to render a decision on the merits. The matter had reached an advanced stage, with arguments heard and judgment reserved, and should…

Source excerpt

• Hate Speech
• Promotion Of Equality And Prevention Of Unfair Discrimination Act
• Judicial Finality
• Remittal Of Proceedings