Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Judge tells Absa R5.28 million debt does not justify selling a family home

August 25, 2026

Man claims R17.7 million from municipality for EPWP permanent job

August 25, 2026

Why are women still missing from South African research and innovation?

August 24, 2026
Facebook X (Twitter) Instagram
Trending
  • Judge tells Absa R5.28 million debt does not justify selling a family home
  • Man claims R17.7 million from municipality for EPWP permanent job
  • Why are women still missing from South African research and innovation?
  • Man accused of shooting love rival ordered to pay punitive legal costs
  • AFM ordered to restore pastor and wife to church building within 48 hours
  • UJ director took secret payments in R18 million accommodation fraud
  • Retired sheriffs return to fill court vacancies, but are barred from handling public money
  • Community leaders gather to shape Tshwane housing and land justice together
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Constitutional Court bars forced mental health assessments of litigants without evidence
Constitutional Law

Constitutional Court bars forced mental health assessments of litigants without evidence

Justice Dambuza-Mayosi says courts cannot compel psychiatric assessments without a proper legal basis, while confirming that abusive litigants may still face limits on future legal proceedings.
Kennedy MudzuliBy Kennedy MudzuliJuly 8, 2026No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email
  • The Constitutional Court overturned a High Court decision that required a litigant to undergo a mental health assessment.
  • The Court found there was no evidence or proper legal basis for such an order.
  • A more limited vexatious litigant order remains in place, restricting future litigation related to the same employment dispute.

The Constitutional Court has ruled that courts cannot force litigants to undergo mental health assessments unless there is evidence and a proper legal reason to do so.

Justice Nambitha Dambuza-Mayosi, writing for a unanimous bench, partially upheld Thabang Motjamela’s appeal and set aside the High Court’s order that he undergo a mental health assessment before pursuing further litigation against the George Local Municipality.

However, the court upheld a narrower order that stops Motjamela from bringing further legal proceedings about his former employment under the Expanded Public Works Programme (EPWP) unless he first gets permission from the relevant court.

Employment dispute led to years of litigation

Motjamela worked for the George Local Municipality in 2018 on two fixed-term EPWP contracts. When those contracts ended, he and other workers tried but failed to secure permanent jobs through the South African Local Government Bargaining Council.

He then took his dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA), arguing that he was unfairly left out of a later recruitment process. The CCMA dismissed his case and found his referral to be vexatious.

Motjamela challenged these decisions in the Labour Court, Labour Appeal Court, High Court, and Constitutional Court, and also continued with more legal proceedings about the same employment dispute.

In response, the George Local Municipality asked the High Court to label Motjamela a vexatious litigant, saying he had repeatedly pursued cases with no merit.

High Court went too far

The High Court agreed with the municipality and also ordered that Motjamela undergo a mental health assessment before he could take any further legal action. The Constitutional Court found that this order was not justified and could not stand.

Justice Dambuza-Mayosi said that not only did the Local Municipality never ask for a mental health assessment order, but there was also no clear basis for the High Court’s claim that Motjamela seemed unable to understand the proceedings due to a mental illness or intellectual disability.

The court found there was no evidence to support such an order and that the High Court had ignored established legal procedures for dealing with questions of mental capacity.

Justice Dambuza-Mayosi said that questioning someone’s mental health and legal capacity, especially in open court, is something that must never be done carelessly.

She explained that South African law already has procedures under the Mental Health Care Act and Uniform Rule 57 for dealing with concerns about a person’s mental capacity, and those rules require solid evidence before any such orders are made.

Court confirms limits on future litigation

While the Constitutional Court overturned the mental health assessment order, it agreed that Motjamela’s long history of litigation justified restrictions on future legal proceedings about his former EPWP employment.

Justice Dambuza-Mayosi said that the key issue is when litigation is being used abusively to try to get a desired outcome through persistence, not on the strength of the case.

The court found that the High Court’s original order was too broad, as it would have stopped Motjamela from bringing any legal case against anyone, no matter the issue. Instead, it replaced the order with one only covering cases against the George Local Municipality about his terminated EPWP jobs.

The Constitutional Court also told its Registrar not to accept any more applications from Motjamela about those employment disputes, or about matters arising from this order, such as requests for rescission, direct access, or permission for a direct appeal.

Justice Dambuza-Mayosi said that the flood of meritless applications from Mr Motjamela shows he is likely to continue unless steps are taken to stop it.

No order for legal costs

The George Local Municipality asked for a costs order, saying public money had been used over and over to defend against Motjamela’s cases.

The Constitutional Court refused to award costs, noting that Motjamela had been partly successful in having the unlawful mental health assessment order overturned. Each side was told to pay its own legal costs.

Conviction.co.za

Get your news on the go. Click here to follow the Conviction WhatsApp channel.

Constitutional Court EPWP George Local Municipality mental health assessment vexatious litigant
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

Man claims R17.7 million from municipality for EPWP permanent job

August 25, 2026

Electoral Court breathes new life into UDF Party disputed name battle against IEC

August 23, 2026

Constitutional Court cites UP professor in landmark copyright judgment

August 22, 2026
Leave A Reply Cancel Reply

Prove your humanity: 10   +   7   =  

Subscribe to our newsletter:
Top Posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024

Irregular levy increases, mismanagement, and legal threats in a sectional title scheme

June 2, 2025
Don't Miss
Property Law
3 Mins Read

Judge tells Absa R5.28 million debt does not justify selling a family home

By Kennedy MudzuliAugust 25, 20263 Mins Read

The High Court in Bloemfontein granted Absa judgment for R5.28 million but refused to declare the homeowner’s primary residence specially executable.

Man claims R17.7 million from municipality for EPWP permanent job

August 25, 2026

Why are women still missing from South African research and innovation?

August 24, 2026

Man accused of shooting love rival ordered to pay punitive legal costs

August 24, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
OUR PICKS

Eskom ordered to tackle Kusile pollution with urgent 30-day environmental action plan

August 17, 2026

Pretoria court registrar who issued fraudulent court orders struck off legal roll

August 17, 2026

SARS auditor who did the VAT audit but missed three findings gets job back

August 19, 2026
© 2026 Conviction.
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Type above and press Enter to search. Press Esc to cancel.

Powered by
►
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
►
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
►
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
►
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
►
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by