Southern African Legal Information Institute

Southern African Legal Information Institute SAFLII is renowned for offering the largest online free-access collection of legislation and case law from RSA and other jurisdictions in S&E Africa
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The Southern African Legal Information Institute publishes legal information for free public access which comprises mainly of case law and law journals from South Africa. SAFLII also hosts legal materials from other countries in the region which are obtained through partnerships, collaborative efforts and more recently through linking to other Legal Information Institutes established in these regi

ons. All information is offered on a free and open basis subject to our terms of use and is continuously updated.

Changing Tides 17 (Pty) Ltd N.O v Srivastava and Others (D1067/2025) [2025] ZAKZDHC 49👉:
06/08/2025

Changing Tides 17 (Pty) Ltd N.O v Srivastava and Others (D1067/2025) [2025] ZAKZDHC 49

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CHANGING TIDES 17 (PTY) LTD N.O. APPLICANT

Kunene and Another v Malema (A2023/092235) [2025] ZAGPJHC 742Summary: Section 10 of the Promotion of Equality and Preven...
05/08/2025

Kunene and Another v Malema (A2023/092235) [2025] ZAGPJHC 742

Summary: Section 10 of the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 – the nature of hate speech – whether hate speech can be committed by addressing hateful words to a political opponent – the purpose of section 10 explained and discussed – the genocidal connotations of the word “cockroach” – the hateful nature of its use in political debate.

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SAFLII Weekly National and Provincial Gazette Update.
04/08/2025

SAFLII Weekly National and Provincial Gazette Update.

Mbeki and Another v Calata and Others (005245/2025) [2025] ZAGPPHC 753Summary: Application to intervene – a declarator a...
01/08/2025

Mbeki and Another v Calata and Others (005245/2025) [2025] ZAGPPHC 753

Summary: Application to intervene – a declarator and constitutional damages sought in the main application – applicants named in founding papers – applicants not directly implicated – implication by inference through reference to books published in 2009 and 2019 – no specific finding sought against applicants – no direct and substantial legal interest in the declaratory order sought or in any award for damages that would be made – application dismissed – circumstances of the matter are such that the application while unsuccessful was understandable and for that reason no order as to costs.

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Application to intervene – a declarator and constitutional damages sought in the main application – applicants named in founding papers – applicants not directly implicated – implication by inference through reference to books published in 2009 and 2019 – no specific finding sought against...

Corruption Watch (RF) NPC v Speaker of the National Assembly and Others (CCT 333/23) [2025] ZACC 15Summary:Public partic...
01/08/2025

Corruption Watch (RF) NPC v Speaker of the National Assembly and Others (CCT 333/23) [2025] ZACC 15

Summary:Public participation — other processes — Chapter 9 institution — access to information — reasonableness — exclusive jurisdiction — obligations of the National Assembly — section 167(4)(e) of the Constitution — Commission for Gender Equality

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COMMISSION FOR GENDER EQUALITY Third Respondent

Mereki and Others v Moladora Trust and Another (CCT 121/24) [2025] ZACC 16Summary:Extension of Security of Tenure Act 62...
01/08/2025

Mereki and Others v Moladora Trust and Another (CCT 121/24) [2025] ZACC 16

Summary:Extension of Security of Tenure Act 62 of 1997 (ESTA) — consent to graze cattle — such consent a right to use land for purposes of ESTA — termination of right subject to section 8 of ESTA

Interpretation of ESTA — reference to residence in some instances to be read as including use of land, including use for grazing

Tacit consent – proof – presumption in section 3(4) of ESTA

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MAGALONE MEREKI

Shepstone and Wylie Attorneys v De Witt N.O. and Others (CCT 171/23) [2025] ZACC 14 (1 August 2025)Summary: Trust law — ...
01/08/2025

Shepstone and Wylie Attorneys v De Witt N.O. and Others (CCT 171/23) [2025] ZACC 14 (1 August 2025)

Summary: Trust law — whether trust bound by suretyship agreement — decision made at quorate meeting in absence of one trustee — interpretation of trust deed — distinction between unanimous-decision trusts and majority-decision trusts

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This is an application for leave to appeal against the whole judgment and order of the Supreme Court of Appeal. The applicant is Shepstone and Wylie,a law firm.

Vodacom (Pty) Ltd v Makate and Another (CCT 51/24) [2025] ZACC 13👉:
31/07/2025

Vodacom (Pty) Ltd v Makate and Another (CCT 51/24) [2025] ZACC 13

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[1] Mr Nkosana Kenneth Makate, the first respondent. This litigation, which spans just under two decades, concerns compensation owed by Vodacom to Mr Makate for the “Please Call Me” (PCM) idea. The first round of litigation between Vodacom and Mr Makate culminated in th...

E.D.M.A v Meintjes and Meintjes Rekenmeesters CC and Another (632/2023) [2025] ZASCA 113Summary: Section 17(2)(f) of the...
30/07/2025

E.D.M.A v Meintjes and Meintjes Rekenmeesters CC and Another (632/2023) [2025] ZASCA 113

Summary: Section 17(2)(f) of the Superior Courts Act 10 of 2013 – Referral by the President of the Supreme Court of Appeal – Reconsideration of refusal of a petition by the Supreme Court of Appeal – exceptional circumstances not established – matter struck from the roll.

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t/a OLD MUTUAL TRUST SECOND RESPONDENT

Ntuli v S (128/2023) [2025] ZASCA 114Summary: Criminal Law – Common purpose neither averred in the charge sheet nor prov...
30/07/2025

Ntuli v S (128/2023) [2025] ZASCA 114

Summary: Criminal Law – Common purpose neither averred in the charge sheet nor proved in evidence – conviction applying the doctrine violates an accused’s right to a fair trial guaranteed by s 35(3)(a) of the Constitution.

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MBALENHLE SYDNEY NTULI APPELLANT

28/07/2025

Practice Directive -Limpopo High Court (Circular No 4)

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