South Africa Case Law

Rhodes University v Student Representative Council of Rhodes University and Others (1937/2016)

Rhodes University v Student Representative Council of Rhodes University and Others (1937/2016) [2016] ZAECGHC 141; [2017] 1 All SA 617 (ECG) (1 December 2016)

Court

Eastern Cape High Court, Grahamstown

Case number

1937/2016

Judge

M.J Lowe

The court found that the University had established a clear right to protect its property, staff, and students from unlawful conduct, and that injury had occurred or was reasonably apprehended. The protests went beyond peaceful demonstration, involving kidnapping, intimidation, and property damage. The Fourth, Fifth, and Sixth Respondents were found to have participated in or associated themselves with unlawful conduct to varying degrees. However, the court held that the interim interdict was impermissibly broad and vague, particularly in its application to unnamed or ill-defined groups (Seco…

Source excerpt

• Interim Interdict
• Freedom Of Expression
• Right To Protest
• Academic Freedom
• Vagueness Of Court Orders
• Contempt Of Court

African Presbyterian Bafolisi Church of Southern Africa v Mkhwanazi and Others (5833/2015)

African Presbyterian Bafolisi Church of Southern Africa v Mkhwanazi and Others (5833/2015) [2016] ZAFSHC 95 (31 March 2016)

Court

Free State High Court, Bloemfontein

Case number

5833/2015

Judge

Opperman, AJ

The court dismissed an application to strike out parts of a replying affidavit and referred the interdict matter to oral evidence because of factual disputes and vagueness.

• Final Interdict
• Hearsay Evidence
• Affidavit Striking Out
• Oral Evidence
• Vagueness Of Court Orders
• Final-interdict