| ◉ Shell | - This is an application for an interim interdict. The application has two parts. In part A, the applicants request, a court order preventing the third, fourth, and fifth respondents from conducting a seismic survey until the relief requested in Part B has been resolved. In Part B, they ask for a court order preventing the same respondents from conducting the seismic survey until and unless a National Environmental Management Act (NEMA) environmental authorisation has been granted.
The court found in favour of the applicants. While Part B of the notice of motion is still being finalised, the third, fourth, and fifth respondents are hereby prohibited from conducting seismic survey activities under Exploration Right 12/3/252. A cost order was decided against the first and fifth respondents. The application is postponed sine die for the determination of the relief sought under Part B of the notice of motion.
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- After the decision made by Judge Bloem in the High Court for Part A, the first, fourth and fifth respondents requested leave to appeal to the Supreme Court of Appeal or the full court of the Division against the entirety of the decision and order issued on the interim judgement and order. The application for leave to appeal is opposed by the applicants. The application by the first, fourth and fifth respondents for leave to appeal against the interim judgement is dismissed by the court.
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- The first through seventh applicants requested to obtain an order preventing the third, fourth, and fifth respondents from conducting the survey while part B of that application is being decided. the urgent application was justified on the grounds that the survey would not only be harmful but also unlawful since Shell lacks environmental authorization to exercise its right to exploration under National Environmental Management Act (NEMA). The court reviewed and set aside the granting of exploration right, granting a renewal of exploration right and granting a further renewal of the exploration right decisions taken by the first respondent to the fourth respondent.
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| ◉ River club | - In this case, the Observatory Civic Association and the Goringhaicona Khoi Khoin Indigenous Traditional Council (the applicants) seek interim interdictory relief to prevent Leisure Properties Trust (LLPT) (the first respondent) from continuing with the development of the River Club site. The application has two parts. This case relates to part A of the proceedings, in which the applicants are seeking an urgent order preventing the developer from acting on the environmental and land use authorizations to commence construction while the review is still being resolved. In Part B of the application, the Applicants seek to review and set aside the two authorisations, as well as appeal the decisions that confirmed the authorisations. The court ordered that the first respondent is interdicted from undertaking any further construction to implement the River Club development. The applicants were granted an interim interdict which will remain in the meanwhile that the development permit is being reviewed by a court and there has been significant engagement with the relevant indigenous groups.
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| ◉ Searcher | - In this case, the applicants sought a two-part application. In the Part A decision, the applicant requested an urgent order preventing the third, fourth, and sixth respondents from starting or, alternately, continuing their seismic survey along the West and South West Coasts of South Africa under the terms of a reconnaissance permit issued by the first respondent in accordance with Section 74 of the Mineral and Petroleum Resources Development Act, 2002 (the MPRDA) while the applicant awaited the outcome against the grant of the reconnaissance permit to the third and fourth respondents in terms of section 96 of the MPRDA and the outcome of part B of this application. The court ordered that the third, fourth and sixth respondents are interdicted from continuing the seismic survey of the West and South West Coast of South Africa in terms of a Reconnaissance Permit granted by the First Respondent.
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| ◉ Lolo Judgement | - In this case, the issue is about governmental duty as confirmed by the courts which is providing emergency housing to persons facing eviction or who have suffered a disaster. Eric Lolo and Berenice Fransman (applicants) experienced an eviction by the Greenwillows because the applicants’ right to occupy the property ended together with Lolo’s employment contract. The primary objective of the relief that the applicants are seeking is to have the First Respondent (the Municipality) give an explanation to the court of how it has carried out its duties to offer emergency housing to individuals who are in urgent need. The applicants also stated that the Municipality has violated its constitutional and legislative responsibilities by failing to take reasonable steps to provide emergency housing for individuals residing within its area of control. The court decided that the First Respondent is declared to be in violation of its constitutional and statutory responsibilities by failing to take reasonable action to provide individuals residing within its area of control with emergency housing.
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| ◉ Mlandu | - This case concluded by the agreement between Francis Bukelwa Mlandu (the Applicant), Absa Bank Limited (the First Respondent) and Nkosinathi Christopher Mpotulo (the Second respondent). The agreement including the offer to buy and deed of sale that was reached between the applicant and the second respondent on April 24, 2014, as well as the addendum to that agreement signed on June 11, 2014, are deemed invalid, unlawful, and of no force and effect. It is declared that the Applicant is the lawful owner of the property.
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| ◉ Small-scale fishing intervention | - In this case, the issue is the applications for the verification of small-scale fishers and communities in the Western Cape. The case concluded by the agreement between the Minister of Forestry, Fisheries and Environment (the Applicant) and Small-Scale Fishers (the Intervening Parties). The procedure that was used to manage applications that were submitted between 2016 and 2019 for the Western Cape's small-scale fishermen and communities to be verified; in relation to those applications, the decisions made by the Department of Forestry, Fisheries, and Environment or its predecessor; and the decisions in that regard which were made by the applicant’s predecessor on appeal declared as unlawful and invalid by the order of the court. The Department of Forestry, Fisheries and Environment and the Applicant will make the final decision regarding the applications submitted for the verification and confirmation of small-scale fishers and communities in the Western Cape.
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◉ 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
Download Here | 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 |
