LexiSA Case Watch
Real SA judgments, explained twice
Every post here is a real, newsworthy South African judgment — never a hypothetical. Each one is broken down twice: the legal principle for lawyers and law students, and the plain-language takeaway for anyone affected by it. Sourced from SAFLII and South African news reporting, with a source link on every post so you can verify it yourself.
WeBuyCars fined and ordered to refund customers over Consumer Protection Act breaches
National Consumer Tribunal ruling against WeBuyCars — National Consumer Tribunal
Following roughly three years of consumer complaints about warranty and sale-term failures, the National Consumer Tribunal — a statutory body, not a court — found that WeBuyCars' terms and conditions breached multiple provisions of the Consumer Protection Act. It ordered a R2.5 million administrative fine, R3.4 million in customer refunds, a revision of its terms and conditions, and a consumer-awareness campaign.
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Constitutional Court rewrites parental leave — not just for birth mothers anymore
Van Wyk and Others v Minister of Employment and Labour — Constitutional Court
Werner van Wyk's employer would only grant four months' parental leave to birthing mothers, not fathers. The Constitutional Court confirmed a High Court finding that the BCEA's leave scheme is unconstitutional because it excludes non-birthing, adoptive and commissioning parents from equal leave on the basis of sex and family structure.
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Equality Court finds Julius Malema's rally remarks were hate speech
South African Human Rights Commission and Another v Malema and Another — Equality Court, Western Cape Division
The SAHRC and a private complainant brought EFF leader Julius Malema and the EFF before the Equality Court over 2022 rally remarks made near an incident involving Brackenfell High School, including a statement that 'revolutionaries must not be scared to kill.' The court found the remarks amounted to hate speech under section 10 of the Equality Act.
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Depression diagnosis isn't an automatic shield against a performance dismissal
Abels v University of Stellenbosch and Others — Labour Court, Cape Town
A university administrator dismissed for poor performance argued his depression diagnosis should have protected him from dismissal. The Labour Court upheld a CCMA finding that the university had followed a fair incapacity process — a performance improvement plan, support and medical leave — and that the employee had not shown his condition directly caused the performance failures.
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Blind SA's second copyright win: courts can rewrite a law when Parliament stalls
Blind SA v President of the Republic of South Africa and Others — Constitutional Court
In Blind SA I (2022), the Copyright Act was found unconstitutional for failing to let accessible-format copies (Braille, audio, large print) be made for disabled people. This follow-up judgment addressed the remedy while Parliament's Copyright Amendment Bill remains unpassed, reading a new s19D into the Act.
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A prisoner studying IT overturned an 18-year-old nationwide computer ban
Minister of Justice and Correctional Services and Others v Ntuli — Constitutional Court
Mbalenhle Ntuli, an inmate studying computer science, was blocked by a 2007 departmental policy from keeping a personal computer in his cell. The Constitutional Court upheld lower-court findings that the blanket, no-exceptions ban unjustifiably limited the right to further education under section 29(1)(b) of the Constitution.
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Evicting people isn't just about shelter — the SCA says livelihood matters too
City of Johannesburg Metropolitan Municipality and Others v Occupiers of Portion 9 of the Farm Randjesfontein — Supreme Court of Appeal
The City of Johannesburg appealed a High Court order requiring it to provide temporary emergency accommodation for a group of waste-picker occupiers, in a location that would let them continue their waste-collection work. The SCA dismissed the City's appeal.
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Life sentences for a couple and a hitman who killed a rape complainant before she could testify
S v Bhala, Kheswa and Ntsalaz — Western Cape High Court
A wife, her husband (an awaiting-trial prisoner facing a rape charge), and a fellow inmate conspired to murder the husband's rape accuser the day before she was due to testify. WhatsApp messages linked all three to the plan, and the hired inmate carried out the killing after his release. All three received life sentences for murder, plus firearms and ammunition offences.
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A signed lobola letter was enough to prove a customary marriage — even without full payment
N.V.M v D.S.R — Northern Cape Division, High Court
A woman sought a declarator that a valid customary marriage existed, relying on a signed lobola letter (12 cattle, with a partial R5,000 payment) and her integration into her partner's family. He denied the marriage, claiming the payment related to an unrelated cleansing ritual and that the letter was forged. The court found in her favour.
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SCA settles who gets a vote when a company is in business rescue
Mashwayi Projects (Pty) Ltd and Others v Wescoal Mining (Pty) Ltd and Others — Supreme Court of Appeal
The dispute was whether post-commencement creditors — those who extend credit to a company after it enters business rescue — have voting rights on the business rescue plan under Chapter 6 of the Companies Act. The SCA overturned the Gauteng High Court and held there is no basis to limit plan voting rights to pre-commencement creditors only.
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