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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

 

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