Cape Town Minstrel Association v City of Cape Town (EC23/2025) [2026] ZAEQC 2 (19 February 2026)

45 Reportability
Administrative Law

Brief Summary

Equality — Promotion of Equality and Prevention of Unfair Discrimination Act — City of Cape Town directed to prepare Heads of Arguments regarding the referral of a matter to a workshop on equality plans — Court emphasizing the duty of the State to promote equality and develop awareness of fundamental rights — Directions issued for the City to report on the workshop's outcomes and relevant considerations for community-driven events.

IN THE EQUALITY COURT OF SOUTH
(WESTERN CAPE DIVISION, CAPE TOWN)

CASE NO: EC 23/2025

BEFORE THE HONOURABLE MR JUSTICE DM THULARE
HELD AT CAPE TOWN ON THIS 19th DAY OF FEBRUARY 2026

In the matter between:

CAPE TOWN MINISTREL ASSOCIATION PLAINTIFF

and

CITY OF CAPE TOWN DEFENDANT


DIRECTIVES


THULARE J

Having regard to the complaint and the duty of the City of Cape Town as
envisaged in section 25(1)(a), (b) and (c)(iv) of PROMOTION OF EQUALITY
AND PREVENTION OF UNFAIR DISCRIMINATION ACT 4 OF 2000
(PEPUDA) which reads:
“25 Duty of State to promote equality

(1) The State must, where necessary with the assistance of the relevant constitutional institutions-
(a) develop awareness of fundamental rights in order to promote a climate of understanding,
mutual respect and equality;
(b) take measures to develop and implement programmes in order to promote equality; and
(c) where necessary or appropriate-
(iv) provide assistance, advice and training on issues of equality;”

The parties are directed:
1. To prepare Heads of Arguments on why this matter should not be referred, as
envisaged in Regulations 6 (7) –(12), to a workshop to be hosted by the City,
inviting the applicant and all other known minstrel associations as well as
other bodies in respect of its equal ity plans as well as application processes,
availability of venues and all relevant considerations on t he hosting of
minstrel and other community-driven events within the City of Cape Town,
and for the City to file a report as envisaged in Regulation 6 on the said
workshop setting out the programme(s) delivered, the names and credentials
of the facilitators and speakers at the event, the attendees, the objectives, the
content delivered by facilitators and speakers, any agreements reached at the
plenary session of the workshop , any disagreements outstanding , the way
forward and any other relevant feedback.


2. To agree on the timeframes for the delivery of the Heads of Arguments and
liaise with the Secretary of Thulare J for the date of the hearing of the
arguments on the prima facie view of referral.

Dated today the 19th February 2026 at Cape Town



__________________________
DM THULARE
JUDGE OF THE HIGH COURT