Case 88/13234 Supreme Court Cape of Good Hope Division (1988-1991) (26 files, 3 boxes).

This was a test case in which the validity of a rent increase was challenged. The rent increase was determined by the House of Representatives and affected virtually all "Coloured" housing in the Western Cape. A new formula had been adopted in terms of which monthly rentals of tenants and bondholders were determined, but it was too complex for the average person to understand. A notice of assessment was sent to all stakeholders, but it was vaguely worded, adding to the confusion.

On behalf of a major Cape Town housing organisation, the LRC made strenuous representations to the minister to suspend implementation of the new formula. When this failed the housing association prevailed on the LRC to take on the matter as a test case seeking to set aside the rent increase of a particular individual on the basis inter alia that the notice of assessment did not afford a real choice between formulas although purporting to do so and that in the circumstances of the client's case the respondent had not afforded him the opportunity of a choice despite his conscientious efforts to do so. When the matter came before the court the court dismissed the application, stating that it was not a matter of procedure (administrative law), but a matter of contract law - the respondents had the power in terms of the lease agreements to increase the rent from time to time.

This item comprises 26 files:

Files 1-2: Correspondence and file notes.

Files 3-4: Briefs to counsel.

Files 5-16: Process and pleadings.

Files 17-21: Discovered material.

File 22: Statements and affidavits.

File 23: Opinions and memoranda.

Files 24-25: Original documentation.

File 26: Press clipping.

Case 125/93 High Court Cape of Good Hope Division (1992-1998) (27 files, 5 boxes).

In this matter the client was severely burned during an arson attack on her shack during the "taxi wars" in KTC between the WEBTA and LAGUNYA taxi associations. The client claimed that policeman had assisted WEBTA operatives in the attacks and had been instrumental in the arson attack on her shack. She was severely burned in the incident. The LRC instituted a civil claim for damages against the minister of law and order. However, the matter was unsuccessful both in the Supreme Court trial (case 125/93) and in the appeal that followed (case A360/97).

This item comprises 27 files:

Files 1-4: Correspondence and file notes.

Files 5-6: Process and pleadings (case 125/93).

Files: 7-8: Instructions to counsel.

File 9: Statements.

File 10: Medical and medico-legal reports.

Files 11-18: Transcript of case 125/93 (incomplete record on appeal).

File 19: Pleadings (case A360/97).

File 20: Judgement (case A360/97).

Files 21-25: SAP dockets and discovered documents.

File 26: Photographs.

File 27: Press clippings.

Files 28-35: Bundle of documents prepared for the trial.

In this matter the LRC acted for a group of students who had fallen for a scam in the guise of a private education provider. The LRC demanded that the contracts the students had entered into be revoked and that the monies they had paid be refunded. The latter aspect was settled in the Small Claims Court in the students' favour. The college was also reported to the education department, who provided a response in terms of which such education providers would in future be monitored.

This item comprises 2 files of correspondence.

Case 6224/92 Supreme Court Cape of Good Hope Division (1991-1995) (13 files, 2 boxes).

In this matter the LRC filed a civil suit against the Minister of Law and Order on behalf of a woman whose husband died in police cells following an assault on him by two policemen. The police had come to arrest the man following a complaint; a scuffle ensued, during which the two policemen assaulted several people, including the deceased. Civil claims were brought on behalf of all the assaulted, but were withdrawn in terms of the settlement reached with the deceased's wife. The deceased's wife was offered a settlement of some R14 000-00, which was accepted. The Attorney-General elected to prosecute the two policemen, but it is not clear what the outcome was.

This matter comprises 13 files:

Files 1-5: Correspondence and file notes.

Files 6-7: Statements and affidavits.

File 8: Briefs to counsel.

Files 9-10: Pleadings and process documents.

File 11: Medical reports.

File 12: Inquest documents.

File 13: Press clippings.

Case 304/87 Magistrates Court Montagu (1986-1989) (4 files).

In this matter the LRC brought a civil claim for damages against the Minister of Law and Order following the client's unlawful arrest and detention on 24 May 1986 in Zolani Township, Ashton, and a subsequent assault which took place while she was in custody at the Ashton Police Station. The matter was settled before the trial in the amount of R1000-00 paid to the client.

This item comprises 4 files:

File 1: Correspondence and file notes.

File 2: Brief to counsel.

File 3: Process papers.

File 4: Police dockets.

Case NHK 13/2/118 Industrial Court (1987-1988) (6 files).

In this matter the LRC represented 12 workers who had been dismissed from a one-man earth-moving operation. The matter was referred by the Construction and Allied Workers Union. The members had been trying for some time to negotiate better working conditions. One Monday they did not report for work but went to the Union offices to try to speed up the process. As a result they were dismissed. The Union attempted to negotiate with the employer but to no avail. They thus approached the LRC. When negotiations failed a section 43 application for temporary reinstatement was successfully launched. Then a section 46 application was launched for a final order. The matter was settled with the employees each receiving around R1000-00 in compensation.

This item comprises 6 files:

File 1: Correspondence and file notes.

Files 2-5: Process and pleadings.

File 6: Court order.

Case 687/93 (1988-1996) (13 files, 2 boxes).

The client had allegedly been assaulted by municipal policemen in the employ of the Paballelo Town Council. He lost an eye as a result of the assault, as well as sustaining other injuries. He approached a firm of attorneys and instructed them to institute a claim for damages against the Paballelo Town Council; however, the attorneys allowed the matter to prescribe. The LRC instituted a damages claim against the firm of attorneys for not having fulfilled their mandate. The matter was settled in the clients favour in the amount of R94 000-00, with full costs being awarded against the defendants.

This item comprises 13 files:

File 1: Correspondence.

File 2: Actuarial and medico-legal reports.

File 3: Gazettes.

File 4: Briefs to council.

File 5: Statements.

Files 6-11: Process and pleadings.

Files 12-13: Transcript of criminal case A741/88 (the case against the perpetrators of the assault).

(NHK 13/2/1128) Industrial Court Cape Town (1986-1988) (8 files).

In this matter the LRC represented 16 stevedores who had been retrenched. A Section 43 application was launched, claiming that the retrenchment constituted an unfair labour practice due to the fact that only a majority union had been consulted, while a minority union had not been. The application was dismissed. However, further evidence was gathered regarding the fact that the employer had been using casual labour excessively at the time of the retrenchment, so that the retrenchment should not have taken place at all. A Conciliation Board was eventually granted. A settlement was reached in which each of the applicants was paid a further R200-00, and two applicants were allowed to work as casual labour.

This item comprises 8 files:

Files 1-3: Correspondence and file notes.

Files 4-7: Process and pleadings documents.

File 8: Statements, bargaining reports and one press clipping.