About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: South Gauteng High Court, Johannesburg
SAFLII
>>
Databases
>>
South Africa: South Gauteng High Court, Johannesburg
>>
2024
>>
[2024] ZAGPJHC 317
|
|
Afriforum v South African Human Rights Commission and Others (14370-2019) [2024] ZAGPJHC 317 (27 March 2024)
REPUBLIC
OF SOUTH AFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
DIVISION, JOHANNESBURG
Case
no: 14370/2019
31328/2019
1.
REPORTABLE: no
2.
OF INTEREST TO OTHER JUDGES: no
In
the matter between:
AFRIFORUM
First Applicant
and
THE
SOUTH AFRICAN HUMAN RIGHTS COMMISSION First
Respondent
THE
CHAIRPERSON: BONGANI
Second Respondent
CHRISTOPHER
MAJOLA N.O
COMMISSIONER
PRISCILLA JANA N.O
Third Respondent
JULIUS
MALEMA
Fourth Respondent
ECONOMIC
FREEDOM FIGHTERS
Fifth Respondent
And,
In
the matter between:
FREDERIK
WILLEM DE KLERK N.O
First Applicant
DAVID
WHITEFOORDT STEWARD N.O
Second Applicant
HERMAN
BAILEY N.O
Third Applicant
BEN
COETZEE BESTER N.O
Fourth Applicant
WARREN
ALEXANDER MORTEN CLEWLOW N.O
Fifth Applicant
ELIZABETH
DE KLERK N.O
Sixth Applicant
THEUNIS
ELOFF N.O
Seventh Applicant
DEENADA
YALEN KONAR N.O
Eighth Applicant
FORTUNATE
MASHEBU MATHEBULA N.O
Ninth Applicant
And
THE
SOUTH AFRICAN RIGHTS COMMISSION
First
Respondent
THE
CHAIRPERSON: BONGANI
Second Respondent
CHRISTOPHER
MAJOLA N.O
COMMISSIONER
PRISCILLA JANA N.O
Third Respondent
JULIUS
MALEMA
Fourth Respondent
ECONOMIC
FREEDOM FIGHTERS
Fifth Respondent
This
judgment for application for leave to appeal has been delivered by
uploading it to the caselines digital database of the Gauteng
Division of the High Court of South Africa, Johannesburg, and by
email to the attorneys of record of the parties on 27 March 2024.
JUDGMENT
ON LEAVE TO APPEAL
Sutherland
DJP:
[1]
In this matter, which is an application for leave to appeal, and then
an application on a conditional basis for a cross
leave to appeal.
[2]
After hearing counsel I am satisfied that its appropriate that leave
to appeal be granted and that the application for
leave to cross
appeal similarly be granted.
[3]
Therefore, I make the following order:
(1) Leave to appeal
is granted to the South African Human Rights Commission against the
order.
(2) Leave to appeal
is granted to the first applicant (Afriforum) in terms set out below:
2.1
That, conditional on the appeal court finding that the
finding/decision of the South African Human Rights
Commission (SAHRC)
of 8 March 2019 constitutes a decision of the type that is
reviewable, Afriforum be granted leave to cross appeal
against the
order contained in paragraph 2 of the High Court order in order to
seek an order on appeal:
2.1.1
Granting the relief contained in the notice of motion of Afriforum,
specifically that the decision of the SAHRC
of 8 March 2019 be
reviewed and set aside; alternatively be reviewed and corrected;
alternatively
2.1.2
Remitting the case to the High Court for the further hearing of the
matter on such terms as the appeal court may
determine.
(3) The costs of
the appeal and the cross appeal shall be costs in the appeal itself.
Roland
Sutherland
Deputy
Judge President, Gauteng Division, Johannesburg.
Heard:
27 March
2024
Judgment:
27 March 2024
Appearances:
For
Afriforum:
Adv
C Woodrow SC
Instructed
by Hurter Spies Incorporated
For
South African Human Rights Commission:
Adv
K Pillay,
With
her, Adv K Hardy
Instructed
by South African Human Rights Commission