JUDGMENTS & COURT PAPERS

Article Namedetailsdate
Standard Bank of South Africa and Others v Ezra Makikole Mpongo and Others (South African Human Rights Commission, The Department of Justice and Constitutional Development as Amici) Case No. 38/2019; 47/2019 & 999/2019


Supreme Court of Appeal
  • This case concerned the question whether, a court is obliged by law to hear any matter that falls within its jurisdiction and has no power to exercise a discretion to decline to hear such a matter on the ground that another court has concurrent jurisdiction. The LRC was representing the South African Human Rights Commission who were the first Amicus Curiae.

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2021 06 25
Council for the advancement of the South African Constitution & Others vs the Ingonyama Trust and Others
  • The LRC acted for the applicants who challenged the conduct of the Ingonyama Trust in inducing land rights-holders to enter into residential leases.

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2021 06 11
Agnes Sithole & Another vs Gideon Sithole & Another
  • This was the application to the constitutional court to confirm the order of the Durban High Court

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2021 04 14
AmaBhungane Centre for Investigative Journalism NPC and Another v Minister of Justice and Correctional Services and Others; Minister of Police v AmaBhungane Centre for Investigative Journalism NPC and Others [2021] ZACC 3

Constitutional Court
  • This was an application to confirm the declaration by the High Court of South Africa, Gauteng Division, Pretoria (High Court) that the Regulation of Interception of Communications and Provision of Communication-Related Information Act 70 of 2002 (RICA) is unconstitutional, to the extent that it fails to provide adequate safeguards to protect the right to privacy, as buttressed by the rights of access to courts, freedom of expression and the media, and legal privilege. The Constitutional Court accordingly confirmed the high court order. The LRC represented both Right2Know and Privacy International who were Amicus in this case.

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2021 02 04
Gerber Goldschmidt Group (SA) Pty Ltd v The Occupants of 16-2 Street Marlboro and another Case No. 39599/2012

High Court
  • This is an eviction case. Occupants of 16-2nd Street were evicted. Two of them remain in occupation of the property pending provision emergency temporary accommodation by the City of Johannesburg as ordered by the high court. The LRC represented the Occupants.

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2020 10 20
Agnes Sithole & Another vs Gideon Sithole & Another
  • This case challenged the application of section 21(1) and 21(2) of the Matrimonial Property Act 88 of 1984 (MPA) which maintained the effects of the impugned section 22(6) of the Black Administration Act 38 of 1927 (BAA) that black women who had entered into civil marriages before 1988, default matrimonial proprietary regime would be out of community of property.


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2020 01 24
Centre for Child Law, The School Governing Body of Phakamisa High School Nosizwe V Minister Of Basic Education, MEC for Department of Education and 5 others
  • -The application concerns children who have been precluded from unconditionally continuing to attend public schools unless they or their parents/guardians identify themselves by means of, inter alia , passports, identinty documents, birth certificates or permits.

    Judgement in High Court of South Africa, Eastern Cape Division, Makhanda.
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2019 12 12
Nomakhwezi Mthizana-Base and six others v Nosizwe Maxhwele and six others
  • -Displaced Bhongweni Phase 1 Zimbane residents (Mthatha) seek interdict preventing eviction and harassment by traditional leader.

    Judgement in High Court of South Africa, Eastern Cape Local Division, Mthatha.
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2019 07 17
Arthur Frans Grootboom and others v MEC: Department of Education, Eastern Cape and another
  • -Teachers appointed by the SGB’s who were paid significantly less than the monthly salary to which they would have been entitled sue the Department of Education for compensation and confirmation of class for class action.

    Judgement in High Court of South Africa, Eastern Cape Local Division, Makhanda.
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2019 07 17
Khula Community Development Project and four others v Minister of Education and six others
  • -Eastern Cape government sued for not providing scholar transport for over 20 000 learners in rural areas that live more than 5km from their schools.

    Order in High Court of South Africa, Eastern Cape Local Division, Makhanda (Part A).
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2019 07 17
LRC submissions (on behalf of AFRA and NKUZI) on the Draft Expropriation Bill
  • -LRC submissions (on behalf of AFRA and NKUZI) on the Draft Expropriation Bill


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2019 07 17
LRC submissions on the Draft Policy Framework to Address Gender-Based Violence in the Post-School Education and Training System
  • -LRC submissions on the Draft Policy Framework to Address Gender-Based Violence in the Post-School Education and Training System


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2019 07 17
Council for the Advancement of the South African Constitution v The Public Protector
  • -Review of the Public Protector’s report on Vrede Dairy Project; Duties of the Public Protector; Openness and accountability

    Judgment in Pretoria High Court
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2019 05 20
Endumeni Civic Association and twelve others v Endumeni Local Municipality and two others
  • -Allocation of RDP houses; Right to housing; Municipality’s breach of Constitutional and other legislative obligations

    Order in Pietermaritzburg High Court
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2019 06 26
Mpofana Municipality v Lindelani Sithole and 186 others
  • -Eviction of occupiers from Mpofana Town Hall; Right to suitable temporary and permanent accommodation

    Main Application – Judgement in Pietermaritzburg High Court
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    Court order in Pietermaritzburg High Court in contempt application
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2019 06 26
Msindo Phillemon Msiza v Johannes Uys and three others
  • -Land Claim; Restitution; Labour Tenant; Calculation of just and equitable compensation

    Judgement in the SCA
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    Judgement in the Land Claims Court
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2019 06 26
Rani Govindasamy v The Umhlathuze Municipality
  • - Family responsibility requirements; Adjustment of employee’s shift roster

    Order in the Durban Labour Court
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2019 06 26
Nomvula Barbara Zulu and Others v Ethekwini Municipality and three others
  • - Minor children’s right to reside with their mother; Right to family; Eviction from women’s hostel

    Order in the Durban High Court
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2019 06 26
Democratic Alliance v The Minister of International Relations and Co-operation and Four Others, 2018
  • Amicus intervention by The Commission for Gender Equality (GCE), represented by the LRC, Durban Gender Equality, violence and the Rule of Law

    Judgment in the High Court (Gauteng Division – Pretoria)
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    Amicus Intervention by GCE
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2018 07 30
University of Stellenbosch Legal Aid Clinic v Minister of Justice
  • Emolument Attachment Orders; Judicial Oversight; Constitutional Court; 2016

    Judgment in the Constitutional Court
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2016 09 13
Scalabrini v Minister of Home Affairs
  • Refugees; Asylum Seekers; Angolan Cessation; Western Cape High Court; 2016

    Judgment in the Western Cape High Court
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2016 11 17
Scalabrini v Minister of Home Affairs
  • Cape Town Refugee Reception Office; Refugees; Asylum Seekers; Western Cape High Court; 2016

    Judgment in the Western Cape High Court (part 1)
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    Judgment in the Western Cape High Court (part 2)
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2016 06 24
Primedia v Speaker of the National Assembly
  • Access to Information; Signal Jamming; Supreme Court of Appeal

    Judgment in the Supreme Court of Appeal
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2016 09 29
Msiza v DG of the Department of Rural Development and Land Reform
  • Land Claim; Restitution; Labour Tenant; Land Claims Court; 2016

    Judgment in the Land Claims Court
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2016 07 05
Mlungwana & 9 others v The State
  • Openness and Accountability; Right to protest; Social Justice Coalition; Western Cape High Court; 2018

    Judgment in the Western Cape High Court
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2018 01 24
Mazizini v Minister of Rural Development
  • Community Access to Land; Prudhoe Land Claims; Eastern Cape; Makhanda; Land Claims Court; 2018

    Judgment in the Land Claims Court
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2018 04 10
Land Access Movement of South Africa v National Council of Provinces
  • Land Claims; Restitution Amendment Act; Constitutional Court; 2016

    Judgment in the Constitutional Court
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2016 07 28
Congo Peace Without Borders v Mohale
  • Protest Notice; Congo Peace without Borders; Pretoria; 2016

    Order of the Pretoria Magistrate's Court
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2016 07 27
Coastal Links Langebaan v Minister of Agricultural, Forestry and Fisheries
  • Langebaan; Fishing Licenses; Access to resources; Western Cape High Court; 2016

    Judgment in the Western Cape High Court
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Founding Affidavit
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Notice of Motion
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Amended Notice of Motion
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Replying Affidavit
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Heads of Argument
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Affidavits Jackson and Dowries
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Affidavits Sunde
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2016 10 31
Amaqamu & Emakhasaneni v Minister of Rural Development and Land Reform
  • Land Reform; Land Claim; Competing Land Claims; Land Claims Court; 2016

    Judgment in the Land Claims Court
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2016 11 17
ABSA Bank v Moore
  • Brusson Finance; Reverse Mortgage; Banking; Housing; Constitutional Court; 2016

    Judgment in the Constitutional Court
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2016 10 21