City of Tshwane Metropolitan Municipality v Afriforum and Another

The City of Tshwane Metropolitan Municipality resolved to change a number of street names in Pretoria as part of a transformation process aimed at shedding colonial and apartheid-era symbolism and promoting inclusivity. Afriforum and one of its members opposed the changes, contending that the removal of old street names infringed their cultural rights under section 31 of the Constitution and that the public participation process was inadequate. After the City began implementing the changes, Afriforum obtained an interim interdict from the High Court restraining the City from removing old street names and compelling it to restore those already removed, pending a review of the City’s decision. The City unsuccessfully appealed to the Full Court and the Supreme Court of Appeal, and then approached the Constitutional Court.

Leave to appeal was granted; the appeal was upheld; the interim interdict granted by the High Court and upheld by the Full Court was set aside; the application for an interim interdict was dismissed; the costs order against the City by the Supreme Court of Appeal was set aside; and each party was ordered to pay its own costs.

The case is significant for clarifying the appealability of interim interdicts and reaffirming the strict requirements for granting interim relief. It underscores judicial deference to municipal decision-making in transformation matters and highlights the constitutional commitment to redressing historical injustices through symbolic measures such as renaming public spaces.