Domestic workers urge Ramaphosa to sign compensation bill into law

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...

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Stopping people from letting their cattle graze amounts to eviction, says judge

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...

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Supreme Court of Appeal reverses controversial ivermectin ruling

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...

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Can I claim from an intestate estate if I am not the next of kin but the owner said everything should go to me?

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...

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Seismic judgment: Court overturns exploration rights granted to Shell

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...

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New court challenge to decision to scrap Zimbabwean permits

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...

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Eviction orders not in line with Constitution, says legal organisation

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...

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Concourt limits interdicts against strikers

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...

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Judge scolds Ekurhuleni municipality for trying to dodge court order

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...

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Court slams City of Cape Town for barring access to homeless camp

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...

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