Western Cape Government v Ndiki (5008/2013)
Western Cape Government v Ndiki (5008/2013) [2013] ZAWCHC 81 (30 May 2013)
The court found the applicant failed to establish urgency, as no incidents occurred after 22 March 2013 and building had resumed. The application was brought with minimal notice, causing prejudice to the respondents, and constituted an abuse of process. On the merits, the applicant did not prove the respondents committed or threatened any unlawful acts, nor did it establish a reasonable apprehension of harm at the time of launching the application. The facts, as admitted or alleged by the respondents, showed they attempted to calm and disperse crowds rather than incite unrest. The applicant f…
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- Final Interdict
- Urgency In Motion Proceedings
- Right To Undisturbed Possession
- Section 26 Constitution
- Regulation Of Gatherings Act
- Costs Attorney And Client