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…

Source excerpt

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

Gas Giants CC and Another v Economic Freedom Fighters and Others (13850/2022)

Gas Giants CC and Another v Economic Freedom Fighters and Others (13850/2022) [2023] ZAGPPHC 1135; [2023] 12 BLLR 1334 (GP); (2023) 44 ILJ 2800 (GP) (31 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

13850/2022

Judge

Sardiwalla

The court granted a final interdict against EFF and others after unlawful protests, threats, and blocked access to the applicants’ premises were linked to them on the papers.

• Final Interdict
• Vicarious Liability
• Unlawful Protest
• Apprehension Of Harm
• Remedies
• Motion Proceedings