Home Contact Us Maps Links The Constitution Marikana
| More
North Gauteng High Court finds in favour of the SAHRC
Friday, 05 August 2011

The Commission is pleased to announce that the North Gauteng High Court upheld with costs, its appeal against the 2008 judgment of the Lydenburg Equality Court which dismissed its complaint against allegations of hate speech and the use of insulting language. The High Court also held that this matter be referred back to the Equality Court to be heard afresh in accordance with the Equality Act.

This matter relates to a complaint which was lodged with the Commission by the complainant, Mr Letswano Johannes Baloyi, who alleged that the respondent, Mr Deon Labuschagne, referred to him using the K-word during an argument on a farm on 07 December 2007. After its receipt of the complaint the Commission proceeded to lodge papers with the Equality Court on his behalf in terms of the Equality Act.

The respondent, who is the farm owner, is alleged to have been angry after Mr Baloyi, who is a tenant on the farm, erected a tent for a wedding allegedly without the respondent’s consent.

The Equality Court, however, proceeded to dismiss this matter after the respondent pointed out during the proceedings that an affidavit which contained negative allegations concerning him had been placed in the court file without being served on or provided to him ahead of the trial. This was however denied by the Commission.

The court further proceeded to grant an order of punitive cost de bonis propiis against the Commission citing that the content of the affidavit which was prepared by the complainant’s witness would prejudice the respondent and render the trial unfair.

In its appeal papers the Commission argued that by dismissing this matter without even providing it with the opportunity to argue its merits, the court did not apply its mind properly and also acted unfairly.

The Commission is of the view that there is no reason why the affidavit, which the complainant considered relevant, could not be provided accordingly and that the clerk of the Equality Court could have provided it to the respondent, but apparently did not do so.

Furthermore, the mere presence of the documents in the court file did not negatively affect the proceedings and the court should have merely directed that a copy be provided to the respondent with sufficient time being afforded to the respondent to prepare for the proceedings, and then proceed to hear this matter on the day or at a future date.

The Commission will provide details as soon as it lodges new papers with the Equality Court.

For comments email info@sahrc.org.za [Back]

- See more at: http://www.justice.gov.za/legislation/constitution/index.html#sthash.vQme5ODl.dpuf

The South African Constitution

The Commission is available on social media

SAHRC TWITTER.jpg One.jpg @SAHRCommission

Facebook-Icon.jpg SA Human Rights Commission

YOU1.png SAHRC 1

To lodge a human rights violation complaint, click here.

or Call 011 877 3600
e-mail: complaints@sahrc.org.za

Provincial contact details are available here


PAIA section 14 Manual.jpg


SAHRC launches investigation into allegations of racism at University of the Free State
SAHRC finalizing report on complaints against King Goodwill Zwelithini
SAHRC response to ANC petition on racism
International Disability Day – SAHRC calls for employers to do more
SAHRC welcomes Supreme Court judgment on the delivery of textbooks in Limpopo


Pfanelo January Edition

Upcoming Events

  • 20 year Anniversary Celebration


Report any fraudulent and/or unethical behavior taking place in the Commission anonymously to the SAHRC Tip-offs Line.

FreeCall: 0800 222 365
Email: sahrc@tip-offs.com
FreeFax: 0800 00 77 88
FreePost: KZN 138, Umhlanga Rocks 4320
Website: www.tip-offs.com

Independently managed by the Office of the Public Service Commission.


SAHRC Programmes

Since its establishment, the SAHRC has dedicated itself to:
•  Raising awareness;
•  Monitoring and assessment;
•  Education and training
•  Addressing human rights violations

How can the SAHRC help?

The SAHRC promotes, protects and monitors human rights in South Africa. It also has a specific responsibility to promote and monitor the implemen-
tation of PAIA.


08 March – International Women’s Day
21 March - Human Rights Day
27 April – Freedom day
1 May - Workers day
03 May – World Press Freedom Day

[See more]