CAPE TOWN : SAHRC and monitors feel ‘vindicated ‘after Western Cape High Court ruling on Strandfontein camp

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This week, Judge Siraj Desai made a costs order against the City of Cape Town in its case against the South African Human Rights Commission (SAHRC) and 10 monitors. The commission and monitors feel that justice has prevailed. The city, meanwhile, has responded that it is considering its options.

But the judgment delivered by Desai on Wednesday effectively nullified the interdict and compelled the City to pay the cost for the hearing.

Judge Desai said the fracas involving the City and SAHRC that followed was compounded by the City’s decision to seek relief in the Western Cape High Court. He said this had “severely impinged upon the constitutional and statutory functions of the SAHRC”. “Regrettably, the City, a municipality, elected to litigate against a Chapter 9 institution. More appalling is the disdain with which the applicant regards the SAHRC.

“The City has no right, or whether clear or even prima facie, to such interdictory relief. Everyone is at liberty to publish whatever they wish as long as they do not contravene the law or infringe upon constitutional rights. The City has no right to prevent such publication and our courts have repeatedly refused to muzzle criticism of organs of state providing public services.”

Source: Law Daily Report (lawdailyreport.net)

 

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