Rustenburg Platinum Mine v SAEWA obo Bester and Others [2018] ZACC 13 (17 May 2018)

Application for recusal — reasonable apprehension of bias — grounds for recusal not met.

Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000 — Hate speech — subsidiarity.

Administration of insolvent estates – Master’s panel of persons suitable for appointment as liquidator or trustee – compilation of panel constitutes administrative action as envisaged by the Promotion of Administrative Justice Act 3 of 2000 (PAJA) – appellant removed from the panel – factors relevant to such removal including appellant’s dishonesty and his disqualification as a liquidator or trustee – appellant’s challenge to his removal from the panel dismissed. Appellant also having applied to the Master to be reinstated to the panel – Master
refusing to do so – this decision not challenged by the appellant under PAJA – Master’s decision not to reinstate renders nugatory the appellant’s claim based on earlier removal. Costs – appellant contending he ought not to pay costs if unsuccessful as he sought to enforce a constitutional right –factors relevant to discretion in such cases – appellant ordered to pay the costs.

Constitutional Law – section 16(1) of the Constitution – freedom of expression – whether right infringed by prohibition of gratuitous public display of the old South African flag – symbol of apartheid and white supremacy – such display constitutes hate speech, unfair discrimination and harassment under the Promotion of Equality and Prevention of Unfair Discrimination Act 4 of 2000.