Dec
02
2022
The legislation was sent to the president more than two months ago
2 December 2022 | By Chris Gilili
Domestic workers were excluded from claiming for compensation for work injuries until the Constitutional Court ruled in 2020 that a section of the Compensation Act was invalid.
The amendment bill correcting this was sent to the President in September this year but has not...
Nov
21
2022
Land Claims Court says the Constitution requires that ESTA be given a “generous interpretation”
21 November 2022 | By Tania Broughton
The Land Claims Court has ruled that removing grazing rights can amount to an eviction.
Courts have previously ruled that grazing is only permitted by consent of the landowner.
The Constitutional Court has said that a “blinkered” approach must be avoided when...
Nov
21
2022
There was no evidence to justify Judge Cassim Sardiwalla’s order, says court
By Tania Broughton
The Supreme Court of Appeal has set aside an order by the Pretoria High Court on the use of ivermectin for Covid patients.
The High Court had made an order compelling the South African Health Products Regulatory Authority (SAHPRA) to report back to the court every...
Sep
19
2022
The short answer
Unfortunately, if the deceased has living siblings, you will not inherit.
The whole question
Dear Athalie
My girlfriend, our child and I have been evicted from my late aunt's house by her younger sister who claims that the house belongs to her and her remaining siblings. But my aunt told us that when she passed everything she owned must go...
Sep
01
2022
The court has put a stop to the seismic survey along the Wild Coast
By Tania Broughton
The High Court has ruled that the exploration rights granted to Impact Africa and Shell along the Wild Coast were unlawful.
The judges said there was “no meaningful consultation” with interested and affected parties prior to the award of the right.
The Minister of...
Jul
28
2022
The Zimbabwean Immigration Federation seeks to defend the rights of Zimbabweans living in South Africa
By Tania Broughton
The Zimbabwean Immigration Federation is to challenge the decision by the South African government to scrap permits for Zimbabweans.
The federation says the permit system was a solution that substantially reduced pressure on asylum management and curbed the ineffective deportation of Zimbabweans.
It...
Mar
25
2022
The Socio-Economic Rights Institute says that Johannesburg’s Central Magistrate’s Court is often not applying the relevant laws
By Masego Mafata
The Socio-Economic Rights Institute of South Africa (SERI) has analysed 47 of the 65 evictions granted by the Johannesburg Central Magistrate’s Court from 2013 to 2018.
Most of the cases were over non-payment of a monthly rental.
In the vast majority...
Mar
03
2022
An employer cannot interdict striking workers as a group if some of those on strike commit violence
By Geoffrey Allsop
The Constitutional Court has ruled that an employer cannot interdict striking workers as a group if some of those on strike commit violence
To allow a broad interdict without proving that specific people in the group acted unlawfully would infringe on...
Aug
30
2021
Municipality has tried to back out of settlement to buy unlawfully occupied buildings
By Tania Broughton
An agreement made an order of the court last year required the City of Ekurhuleni to buy 16 unlawfully occupied buildings using provincial funds.
The agreement put an end to years of legal wrangling between the City, the province, the occupiers and the owners of...
Mar
17
2021
Judge Desai found that South African Human Rights Commission monitors trying to enter the site were acting lawfully
By James Stent
The Western Cape High Court has criticised the City of Cape Town for its treatment of human rights monitors at its camp for homeless people in Strandfontein.
The court also dismissed interdicts granted to the City last year which prevented...