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High Court of South Africa KwaZulu-Natal, Durban

The KwaZulu-Natal Division of the High Court of South Africa is a superior court of law with general jurisdiction over the KwaZulu-Natal province of South Africa. The main seat of the division is at Pietermaritzburg, while a subordinate local seat at Durban has concurrent jurisdiction over the coastal region of the province.

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1 judgment

Citation	Judgment date
December 2020
Durban University of Technology v Godlimpi and Others (D. 1411/2019) [2020] ZAKZDHC 66 (22 December 2020) Court confirmed 150m perimeter interdict against violent protesters; unlawful conduct not protected by assembly or expression rights. Civil procedure – interdict – requirements for final interdict: clear right, injury, absence of alternative remedy; Constitutional law – right to assembly (s 17) and freedom of expression (s 16) – unlawful, violent conduct falls outside protection; Campus safety – perimeter order (150 metres) to prevent unlawful protest and protect property, staff and students; Costs – successful applicant ordered to bear own costs due to legitimacy of protesters' cause.	22 December 2020

Citation

Judgment date

December 2020

Durban University of Technology v Godlimpi and Others (D. 1411/2019) [2020] ZAKZDHC 66 (22 December 2020)

Court confirmed 150m perimeter interdict against violent protesters; unlawful conduct not protected by assembly or expression rights.

Civil procedure – interdict – requirements for final interdict: clear right, injury, absence of alternative remedy; Constitutional law – right to assembly (s 17) and freedom of expression (s 16) – unlawful, violent conduct falls outside protection; Campus safety – perimeter order (150 metres) to prevent unlawful protest and protect property, staff and students; Costs – successful applicant ordered to bear own costs due to legitimacy of protesters' cause.

22 December 2020