South Africa Case Law

Vukile Property Fund Ltd v Gugulethu Residents and Others (19970/2024)

Vukile Property Fund Ltd v Gugulethu Residents and Others (19970/2024) [2025] ZAWCHC 130 (20 March 2025)

Court

Western Cape High Court, Cape Town

Case number

19970/2024

Judge

P. S. Van Zyl

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…

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• Final Interdict
• Right To Trade
• Unlawful Protest
• Regulation Of Gatherings Act
• Constitutional Rights Limitation
• Costs Award

Excellence College of Engineering Cosmetology and Engineering v Director-General of Higher Education and Training and Another (127802/24)

Excellence College of Engineering Cosmetology and Engineering v Director-General of Higher Education and Training and Another (127802/24) [2024] ZAGPPHC 1323 (4 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

127802/24

Judge

Strijdom

The High Court granted urgent interim relief to stop the blocking of a private college pending review, finding jurisdiction, prima facie rights, and irreparable harm.

• Interim Interdict
• Jurisdiction
• Exhaustion Of Internal Remedies
• Right To Trade
• Urgent Relief
• Interim-interdict

Diamond Panel Beaters and Towing CC v Moks Towing and Recovery CC and Another (25018/2022)

Diamond Panel Beaters and Towing CC v Moks Towing and Recovery CC and Another (25018/2022) [2024] ZAGPPHC 1074 (28 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

25018/2022

Judge

Y Coertzen

The applicant failed to provide sufficient particularity and credible evidence of unlawful conduct by the respondents. The allegations regarding obstruction and threats were vague, lacked detail, and were denied by the respondents, who provided a plausible account of the events. The requirements for a final interdict—clear right, injury committed or apprehended, and absence of alternative remedy—were not satisfied on the papers. The court was not persuaded that the applicant's right to trade was unlawfully infringed or that the respondents acted unlawfully. Jurisdiction was assumed in favour…

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• Final Interdict
• Right To Trade
• Service Level Agreement
• Jurisdiction
• Competitor Disputes

Border-Kei Chamber Of Business and Another v Komani Protest Action Group ("KPA") and Others (442/2023)

Border-Kei Chamber Of Business and Another v Komani Protest Action Group ("KPA") and Others (442/2023) [2023] ZAECMKHC 62 (23 May 2023)

Court

Eastern Cape High Court, Makhanda

Case number

442/2023

Judge

T.V Norman

The court found that the respondents' conduct in forcing businesses to close during protest actions constituted unlawful interference with the applicants' right to trade. The threats, intimidation, and compilation of lists of businesses that remained open were clear evidence of conduct that went beyond lawful protest and amounted to coercion. The respondents failed to justify their actions or demonstrate any connection between the businesses and the service delivery obligations of the municipality. The applicants' right to trade continued to be under threat for as long as the protests persist…

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• Interdictory Relief
• Right To Trade
• Freedom Of Assembly
• Balancing Of Rights

Hendricks and Another v City of Cape Town (9376/2010)

Hendricks and Another v City of Cape Town (9376/2010) [2011] ZAWCHC 300; 2011 (6) SA 88 (WCC) (24 June 2011)

Court

Western Cape High Court, Cape Town

Case number

9376/2010

Judge

Mantame

The court held that municipal notices requiring informal traders to remove and rebuild structures daily were reviewable administrative action and had to be set aside.

• Promotion Of Administrative Justice Act
• Procedural Fairness
• Legitimate Expectation
• Municipal By Laws
• Right To Trade
• Administrative-law