Fink and Another v Bedford Town Council and Others (152/90) [1991] ZASCA 156; 1992 (2) SA 1 (AD); (22 November 1991)

Fink and Another v Bedford Town Council and Others (152/90) [1991] ZASCA 156; 1992 (2) SA 1 (AD); (22 November 1991)

The Supreme Court of Appeal held that the designation of portions 4 and 5 under section 3(2)(a)(ii) of the National Roads Act was valid. The use of the land was acquired upon the lawful proclamation of a public road, and compensation was paid in full from the National Road Fund. The Court found that the process followed was consistent with statutory requirements and legislative intent. The onus to set aside the designation rested on the appellants, not the respondents, as the designation was prima facie lawful. The Court rejected arguments that the proclamation did not confer the necessary rights or that the Minister's opinion was unproven. The appeal was dismissed, confirming the...

Citation
[1991] ZASCA 156
Parties
Appellant: William David Fink; Appellant: Norman Cyril Fink; Respondent: Bedfordview Town Council; Respondent: Chairman, National Transport Commission; Respondent: Minister of Transport; Respondent: Registrar of Deeds; Respondent: Administrator of Transvaal
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
22 November 1991
Case Number
152/90
Procedural Posture
Civil Appeal / Appeal From the Witwatersrand Local Division; Application to Set Aside Designation and Transfer of Land
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Botha, Milne, F H Grosskopf, Nicholas, Harms
Legal Topics
Expropriation, Road Servitude, Designation of Land, Onus of Proof, Compensation for Expropriation
Land and Property Administrative Law Expropriation Road Servitude Designation of Land Onus of Proof Compensation for Expropriation

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 4 Authorities cited 21 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

William David Fink

Appellant

Norman Cyril Fink

Appellant

Bedfordview Town Council

Respondent

Chairman, National Transport Commission

Respondent

Minister of Transport

Respondent

Registrar of Deeds

Respondent

Administrator of Transvaal

Respondent

Procedural Posture

Civil Appeal / Appeal From the Witwatersrand Local Division; Application to Set Aside Designation and Transfer of Land

Legal Issues

  1. 1 Whether the designation of portions 4 and 5 of Holding 99 under section 3(2)(a)(ii) of the National Roads Act 54 of 1971 was valid.
  2. 2 Whether the use of the land was acquired for the purpose of a national road within the meaning of the Act.
  3. 3 Whether the Minister formed the requisite opinion that compensation paid represented the full value of the land for its owner at the time of acquisition.

Ratio Decidendi

The Supreme Court of Appeal held that the designation of portions 4 and 5 under section 3(2)(a)(ii) of the National Roads Act was valid. The use of the land was acquired upon the lawful proclamation of a public road, and compensation was paid in full from the National Road Fund. The Court found that the process followed was consistent with statutory requirements and legislative intent. The onus to set aside the designation rested on the appellants, not the respondents, as the designation was prima facie lawful. The Court rejected arguments that the proclamation did not confer the necessary rights or that the Minister's opinion was unproven. The appeal was dismissed, confirming the...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, including the costs of two counsel.