CCT46/12

[2013] ZACC 3

2013 (4) BCLR 431 (CC)

Skweyiya J Majority judgment

Mogoeng CJ and Nkabinde J separate judgment

13 September 2012

28 February 2013

http://hdl.handle.net/20.500.12144/3677

Application for leave to appeal against the decision of the Mafikeng High Court: Pilane and Another v Pilane and Another (263/2010) [2011] ZANWHC 80 (30 June 2011)

Application for leave to appeal against a decision of the North West High Court, Mafikeng, in which three interdicts were granted, restraining the applicants (members of a traditional community) from: convening any unauthorised meetings under certain auspices; acting in a manner contrary to applicable statutory and customary law; and holding themselves out as a traditional authority using specified names and cognate titles. The majority held that the requirements for granting interdicts had not been met and that all three interdicts were incorrectly granted. In addition, the majority considered the adverse impact of the interdicts on the applicants’ rights to freedom of expression under section 16 of the Constitution, of assembly under section 17 of the Constitution, and of association under section 18 of the Constitution, emphasising the inherent value of allowing dissenting voices to be heard in a constitutional democracy. The Court allowed the appeal and overturned the High Court’s order. The minority would have dismissed the appeal in respect of the first interdict but upheld it in respect of the second and third interdicts. Majority: Skweyiya J, (Moseneke DCJ, Cameron J, Froneman J, Jafta J, Khampepe J, Van der Westhuizen J and Zondo J concurring). Partial dissent: Mogoeng CJ and Nkabinde J.