Kunogqala Local Residents and Others v Ab Xuma Local Municipality and Another (4146/2023) [2025] ZAECMHC 4 (6 February 2025)
Court
Eastern Cape High Court, Mthatha
Case number
4146/2023
Judge
A.S Zono
The High Court ordered the municipality to take steps to complete the Nogqala access road, finding its prolonged inaction unconstitutional. The bridge issue was moot.
Diketane v Makgwale (10987/2024) [2024] ZALMPPHC 162 (1 November 2024)
Court
Limpopo High Court, Polokwane
Case number
10987/2024
Judge
Pillay AJ
The High Court granted urgent interdictory relief against defamatory statements, ordered retraction and apology, and dismissed a punitive costs request.
T.M-S and Another v M and Another (9763/23P) [2024] ZAKZPHC 54; 2025 (2) SA 598 (KZP) (18 July 2024)
Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
9763/23P
Judge
M Notyesi
High Court case on protecting minors’ identities in review proceedings. The court held the review file confidential, balancing open justice against children’s dignity and privacy.
City of Cape Town v South African Human Rights Commission and Others (1337/2022; 368/2023) [2024] ZASCA 110; 2024 (5) SA 368 (SCA) (10 July 2024)
Court
Supreme Court of Appeal
Case number
1337/2022; 368/2023
Judges
Mocumie, Mothle, Meyer, Koen, Coppin
The SCA held that counter-spoliation remains lawful but must be done instanter. The City of Cape Town acted too late when demolishing occupied structures.
Amaning and Others v Ackerman (EQ3/2023) [2024] ZAEQC 2 (10 May 2024)
Court
Equality Court
Case number
EQ3/2023
Judge
GC Wright
The court found that the respondent, Mr Ackerman, used the k word in communications with Mr Wellman on three occasions. These communications, though not widely disseminated, were not within the intimate personal sphere and were sufficiently public to constitute 'communication' under section 10(1) of the Equality Act. The court rejected the respondent's argument that the communications were private and thus protected, holding that the context—a business relationship between two associates—did not attract the highest degree of privacy. The court relied on the purposive interpretation of section…
Source excerpt
Hate Speech
Unlawful Discrimination
Harassment
Promotion Of Equality And Prevention Of Unfair Discrimination Act
Jamangile and Another v Minister of Correctional Services and Another (13659/2020) [2024] ZAGPJHC 38 (19 January 2024)
Court
South Gauteng High Court, Johannesburg
Case number
13659/2020
Judge
Kgomongwe, AJ
The High Court held that humiliating searches of two correctional services employees unlawfully infringed their dignity and privacy, and the employer is liable for damages.
K.A.E v W.N.E (58415/2021) [2023] ZAGPJHC 1488 (18 December 2023)
Court
South Gauteng High Court, Johannesburg
Case number
58415/2021
Judge
Mahomed
The court found that the applicant’s need for accommodation is genuine and inextricably linked to her constitutional right to dignity. The respondent’s argument that she should continue living with her parents is unsustainable and opportunistic, as he continues to reside in the matrimonial home. The respondent has the means to pay for her accommodation and legal costs, as evidenced by his income, business interests, and lifestyle. The applicant’s delay in claiming maintenance does not absolve the respondent of his duty of support, which remains until dissolution of the marriage. The contribut…
Scalabrini Centre of Cape Town and Another v Minister of Home Affairs and Others (CCT 51/23) [2023] ZACC 45; 2024 (4) BCLR 592 (CC); 2024 (3) SA 330 (CC) (12 December 2023)
The Constitutional Court held that subsections 22(12) and 22(13) of the Refugees Act are unconstitutional. These provisions automatically deem asylum applications abandoned if visas are not renewed within one month, regardless of merit, and preclude re-application, resulting in treatment as illegal foreigners subject to deportation. The process disregards the principle of non-refoulement, which protects asylum seekers from return to countries where they may face persecution, and is enshrined in international law and the Refugees Act. The impugned subsections infringe the rights to dignity, ju…
Madikizela v Nkosi and Another (19408/2021) [2023] ZAGPJHC 322 (13 April 2023)
Court
South Gauteng High Court, Johannesburg
Case number
19408/2021
Judge
Strijdom
The court found that while the applicant's constitutional rights to dignity and privacy were implicated by the respondents' tweets, including defamatory statements and exposure of her personal information, she failed to establish the absence of an adequate alternative remedy. The Protection of Harassment Act 17 of 2011 provides victims of harassment, including cyberbullying, with effective remedies and protection. The applicant herself identified the Act as a possible remedy. The court concluded that the applicant did not satisfy all requirements for a final interdict, specifically the lack o…
