University of Cape Town v Davids and Others (2648/2016)
University of Cape Town v Davids and Others (2648/2016) [2016] ZAWCHC 56; [2016] 3 All SA 333 (WCC) (11 May 2016)
The court found that the applicant established a clear right to protect its property and ensure a safe environment for students and staff. The respondents' conduct during protest action, including destruction of property, assault, and obstruction, constituted actual injury and justified a reasonable apprehension of future harm. The court held that criminal prosecution, disciplinary action, and damages were inadequate alternative remedies. The respondents' constitutional rights under section 17 are qualified by the requirement of peaceful protest and cannot justify unlawful conduct. The court…
Source excerpt
- Final Interdict
- Section 17 Rights
- Protest Action
- Property Rights
- Reasonable Apprehension Of Harm
- Alternative Remedy