Du Toit v Minister of Transport (CCT22/04) [2005] ZACC 9; 2005 (11) BCLR 1053 (CC); 2006 (1) SA 297 (CC) (8 September 2005)

Du Toit v Minister of Transport (CCT22/04) [2005] ZACC 9; 2005 (11) BCLR 1053 (CC); 2006 (1) SA 297 (CC) (8 September 2005)

The Constitutional Court held that the correct approach to compensation for expropriation under the National Roads Act and Expropriation Act is to apply the statutory mechanism for compensation and then test the result against the constitutional standard of just and equitable compensation under section 25(3) of the Constitution. The Court found that what was expropriated was a temporary right to use the applicant's land to create a quarry and remove gravel for public road construction, not the gravel itself. Both the High Court and SCA were correct in applying section 12(1)(b) of the Expropriation Act, which allows compensation for actual financial loss, including market value where...

Citation
[2005] ZACC 9
Parties
Applicant: Paul Johannes Du Toit; Respondent: Minister of Transport
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
8 September 2005
Case Number
CCT22/04
Procedural Posture
Leave to Appeal / Constitutional Court Judgment on Leave to Appeal From Supreme Court of Appeal
Outcome
Application for leave to appeal granted; appeal dismissed; costs order of the SCA set aside; no order as to costs.
Judges
Mokgoro, Madala, Moseneke, Sachs, Skweyiya, Yacoob, Langa, Ngcobo, O'Regan, Van der Westhuizen
Legal Topics
Expropriation, Just and Equitable Compensation, Market Value, Actual Financial Loss, Interpretation of Statutes, Bill of Rights Limitation
Constitutional Law Land and Property Expropriation Just and Equitable Compensation Market Value Actual Financial Loss Interpretation of Statutes Bill of Rights Limitation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 15 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Paul Johannes Du Toit

Applicant

Minister of Transport

Respondent

Procedural Posture

Leave to Appeal / Constitutional Court Judgment on Leave to Appeal From Supreme Court of Appeal

Legal Issues

  1. 1 What is the correct statutory basis for determining compensation for expropriation under the National Roads Act and Expropriation Act.
  2. 2 Does section 12(1)(b) of the Expropriation Act, as applied, comply with the constitutional requirement of just and equitable compensation under section 25(3) of the Constitution.
  3. 3 Was the compensation awarded to the applicant just and equitable, reflecting an equitable balance between public and private interests.

Ratio Decidendi

The Constitutional Court held that the correct approach to compensation for expropriation under the National Roads Act and Expropriation Act is to apply the statutory mechanism for compensation and then test the result against the constitutional standard of just and equitable compensation under section 25(3) of the Constitution. The Court found that what was expropriated was a temporary right to use the applicant's land to create a quarry and remove gravel for public road construction, not the gravel itself. Both the High Court and SCA were correct in applying section 12(1)(b) of the Expropriation Act, which allows compensation for actual financial loss, including market value where...

Court Disposition

Application for leave to appeal granted; appeal dismissed; costs order of the SCA set aside; no order as to costs.

Orders

  • The application for leave to appeal is granted.
  • The appeal is dismissed.