North West High Court rejects bid to declare Minister of Mineral Resources in breach of statutory duties By Wilmien Wicomb In February the North West High Court rejected the application from the Mining Forum of South Africa, representing the Bapo-Ba-Mogale community, to declare the minister responsible for mineral resources in breach of his statutory obligation to hold Lonmin to account for not complying with...

Company says it took reasonable measures and the period for claims has expired By Ciaran Ryan Twenty-two former underground miners are claiming more than R80 million in damages from Sasol Coal after they contracted serious lung and other diseases as a result of years of inhaling coal dust while working in underground coal mines. They are arguing that Sasol Coal was negligent in...

But Lawyers for Human Rights disagrees with the court’s reasoning and is appealing  By Ohene Yaw Ampofo-Anti Eight Somali nationals, who currently live in South Africa, are seeking asylum here. But their applications for asylum were turned down by Home Affairs officials. They appealed to the Refugee Appeal Board (RAB), which also turned them down. Represented by Lawyers for Human Rights, the eight...

Court found Johannesburg Metro police violated homeless people’s constitutional rights to dignity and privacy  By Ohene Yaw Ampofo-Anti In a landmark judgment, the Supreme Court of Appeal has ordered the City of Johannesburg to compensate 27 homeless people for unlawfully confiscating and destroying their property. The homeless applicants lived on a traffic island under the R31 Highway Bridge in the Johannesburg Central Business District....

Court rules that a trial isn’t needed, but Lucky Montana and others must have an opportunity to give their side By Zoë Postman The case between Passenger Rail Agency of South Africa (PRASA) and Siyangena Technologies will not be referred to trial. But the PRASA officials accused of corruption in PRASA’s founding affidavit will be allowed to submit affidavits to the court...

Correctional Services says it has complied with the order and denies any wrongdoing 28 January 2019 By Ciaran Ryan Inmates at Johannesburg “Sun City” Medium B prison say prison authorities are violating a court order issued by Acting Judge SM Wentzel in June 2018 that ordered the Department of Correctional Services (DCS) to serve three meals properly spaced throughout the day. In January 2018 inmates complained to...

SJC general secretary is being prosecuted for contravening the Regulation of Gatherings Act By Thembela Ntongana The case against Social Justice Coalition (SJC) general secretary Axolile Notywala was postponed to 25 March in the Cape Town Magistrates’ Court on Wednesday. Notywala was arrested on 31 January outside the Cape Town Civic Centre where SJC and a number of residents, who had occupied City-owned land, were...

Two Salt River families win cases against property owner By Wilmien Wicomb Zubeida Hendricks is 81 years old. She has lived on Goldsmith Street in Salt River, Cape Town, for 51 years. She shares the house with her son, his wife and two children. In January 2017, her landlord informed her that he was intending to maintain the property and therefore needed her...

Victory for Social Justice Coalition may result in poorer areas getting more officers By Thembela Ntongana and GroundUp Staff Judge MJ Dolamo of the Cape High Court (sitting as the Equality Court) has declared that the allocation of police resources in the Western Cape unfairly discriminates on the basis of race and poverty. The ruling came on Friday morning, and is a victory for...

Maximum interest rate on second loans reduced By Ciaran Ryan Borrowers with more than one debt outstanding were given some protection last week when the Supreme Court of Appeal ruled that the interest rate on short-term loans after the first loan cannot exceed 3% a month. Micro Finance South Africa (MFSA) had challenged regulations promulgated under the National Credit Act reducing the interest...