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South Africa Case Law

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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 [2017] ZAECGHC 66

Raymond Mhlaba Local Municipality v Unemployed Workers Union (UNEWU) and Others (172/2017)

Raymond Mhlaba Local Municipality v Unemployed Workers Union (UNEWU) and Others (172/2017) [2017] ZAECGHC 66 (1 June 2017)

Court
Eastern Cape High Court, Grahamstown
Case number
172/2017
Judge
Beshe

The court found that the respondents' conduct, which included storming meetings, occupying municipal buildings, intimidating staff, and threatening to destabilize the municipality, went beyond peaceful protest and constituted unlawful interference with municipal operations. The respondents' own admissions and correspondence demonstrated an intention to disrupt the functioning of the municipality. While the right to protest is constitutionally protected, it must be exercised without infringing on the rights of others or disrupting essential services. The court held that the applicant was entit…

Source excerpt

  • Interim Interdict
  • Right To Assemble
  • Municipal Services Disruption
  • Peaceful Protest
  • Constitutional Rights Limitation
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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.