Law Clinic Program Archives

LAW CLINIC CASES

BILLY MASETLA, THE PRESIDENT OF SOUTH AFRICA AND ME MANZINI VS INDEPENDENT NEWSPAPERS AND THE MINISTER FOR INTELLIGENT SERVICE

CASE SUMMARY

This case was a furtherance of the initial constitutional court case in which Mr Billy Masetlha sought leave to appeal in a matter concerning his dismissal by the government of South Africa, The respondent of that case was the president of South Africa. Read More…


RANJENI MUNUSAMMY VS JJ HFER NO, THE MINISTER OF JUSTICE, MOE SHAIK AND MAC MAHARAJ

CASE SUMMARY

Journalist Ranjeni Munusamy reported on allegations against the then National Director of Public Prosecutions   Bulelani Ngcuka of ‘spying for the apartheid government’. The allegations prompted a commission of enquiry being set up to investigate the allegations in detail. The commission subpoenaed Munusamy to court, to testify on the spy claims against Ngcuka and thereby revealing her source. Read More…


HONOURABLE MINISTER BRYCE MATHEMBA NGCONDE BALFOUR VS PAUL A THERON

CASE SUMMARY:

The plaintiff in the matter is the then Mister of Correctional Services Ngconde Balfour and the defendant is Paul Theron a medical practitioner who was employed at Pollsmoor Prison at the time. Dr Theron had been suspended after speaking out about the horrific health conditions at the prison and stating that the suspension of the senior nurse was victimisation of the part of the minister. Dr Theron was being sued for R500 000 in a defamation claim. Read More…


FXI AND EBRAHIM HARVEY V THE CITY OF JOHANNESBURG

CASE SUMMARY

The applicants in this matter were the Freedom of Expression institute (“FXI”) and Mr Ebrahim Harvey (“Mr Harvey”) who was a researcher attached to the University of the Witwatersrand. His studies were focused on corporatisation of water and sanitation services in the Johannesburg area. The respondents in the matter were the City of Johannesburg, The Johannesburg water management (Pty) Ltd, Daycon Technologies (the company that monitored the management contracts of the second respondents) and the Minister of Justice. This application was an application to court in terms of the Promotion of Access to Information Act (“PAIA”). Read More…


BAFANA STEPHEN ZONDO AND RIVERS OF LIVING WATERS MINISTRIES VS THETHA COMMUNITY RADIO STATION AND OTHERS

CASE SUMMARY

The applicant in this matter was Bafana Stephen Zondo, a pastor and leader of the church known as Rivers of Living waters situated in the Orange farm area of Gauteng, accordingly cited as the second applicant. The Respondents were Thetha FM a community radio station in the Orange farm area as well. The second and the third respondents were the Radio talk show host and stations manager respectively. Read More…


FREEDOM OF EXPRESSION INSTITUTE VS GINWALA COMMISSION

CASE SUMMARY

The FXI made a request to the DOJ to access the submissions made by the State to the Ginwala Inquiry, which was set up to investigate the suspension of Adv. Vusi Pikoli who had been the National Director of Public Prosecution.  The FXI sought access to the states submissions with the view that it was of sufficient public interest further based on the right as afforded by section 16 and 32 of the Constitution, which generally affords the public to receive information pertaining to such submissions.  The FXI was however refused access to the submissions on the grounds that the releasing of the submissions will prejudice the security of the Republic. Read More…


JOHNSON & JOHNSON ( PTY) LTD VS TEBOHO JAMES PHAKWE

CASE SUMMARY

The applicant in this matter was Johnson and Johnson a company based in East London in the Eastern Cape. The respondent was Mr Teboho James Phakwe, a former employee of the company Johnson and Johnson. Read More…


SOUTH AFRICAN TRANSPORT AND ALLIED WORKERS UNION AND ANOTHER VS JACQUELINE GARVAS AND OTHERS

CASE SAMMURY

The Applicants in the matter were Unions, the Congress of South African Trade Unions (“COSATU”) and the South African Transport and Allied Workers Union (“SATAWU”). The Respondents in the matter were the institutors of the High court claim for damages following a destructive strike namely; Jacqueline Garvas, Thuraya Niadoo, Chinatown RSA International, Annees Soeker, Andrew Njiokweumegi, Dolores Rosanne Rietz, Maurice Robertson, Harold Burger and the Minister of Safety and Security as an intervening party in the initial suite. Read More…


EPHRAIM GOITSEMODIMO SELEKA VS PAUL MOOLA (NORTH WEST ON SUNDAY)

CASE SUMMARY

The plaintiff in this matter was Mr Ephraim Goitsemodimo Seleka ( hereinafter “Seleka”), a popular radio disc jockey for the SABC setswana radio station Motwseding FM. Mr Seleka also held a position as public relations officer at the Central district Municipality in Mmabatho in the North west province. The defendant in the matter was Mr Paul Moola (hereinafter “Moola”) who was at the time owner as well as the editor of the “North west on Sunday” a local newspaper. Read More…


JULIUS SELLO MALEMA, AFRICAN NATIONAL CONGRESS VS AFRIFORUM AND TAU SA

CASE SUMMARY

The matter was instituted in the Equality Court (held at the South Gauteng High Court) by the Afri forum. The Afri forum was thus the complainant and Julius Malema (“Malema”), who at the time was the leader of the ANC youth league was the respondent. The Afri forum laid a complaint against Malema accusing him of hate speech, in that he sang a song publicly, that had utterances that constituted hate speech. In particular that that the song “Dubula ibhunu” bore the utterances “Dubula amabhunu baya raypha”, “They are scared the cowards you should “shoot the Boer” the farmer! They rob these dogs”. Loosely translated shoot the Boer, shoot the Boers they rape. Read More…


JUDICIAL SERVICE COMMISSION SUBMISSIONS

SUMMARY OF SUBMISSIONS

The FXI made submissions to the Judicial Service Commission (hereinafter “the Commission”) with regard to a hearing that was to be held at the Constitutional court in respect of a compliant by the  Justices of the Constitutional Court against Judge President Hlophe. Read More…


NM & OTHERS VS CHARLENE SMITH AND OTHERS (FXI INTERVENING AS AMICUS CURIAE)

CASE SUMMARY:

The Plaintiffs in this matter were three HIV positive women whose identities were withheld for their protection, and were simply referred to as NM, SM and LH. The respondents were Charlene Smith (the writer of the biography), Miss Patricia de Lille (subject of the biography) and New Africa Books (the publishing company). Read More…


KRIBEN PILLAY  VS SOSH TIMES

CASE SUMMARY.

The plaintiff in this matter was Mr Kriben Pillay a regional court prosecutor for the Magistrates court of Soshanguve. The defendants were Jacob Kawepano Mbhele (a journalist at the Soshanguve times), Teboho Molepo (Director of the Soshanguve times) and Thabo Mooke (Publisher of the Soshanguve times) in essence this was a suit against the Soshanguve times popularly known as “Sosh Times”. Read More…