South Africa Case Law

Boschenbach (Pty) Ltd and Others v Minister of Transport and Public Works and Others (19123/2012)

Boschenbach (Pty) Ltd and Others v Minister of Transport and Public Works and Others (19123/2012) [2012] ZAWCHC 241 (10 December 2012)

Court

Western Cape High Court, Cape Town

Case number

19123/2012

Judge

Cloete

The Minister's decision to refuse deproclamation of Minor Roads 7910 and 7911 was irrational and not connected to the information before him, particularly regarding the nature and effect of the servitude tendered by the applicants. The Minister failed to properly consider that a praedial or public servitude would ensure continued access for all relevant parties, and his conclusion was based on a misunderstanding of the application. Exceptional circumstances existed, including the foregone conclusion if referred back, unjustifiable prejudice to the applicants from further delay, and the fact t…

Source excerpt

• Promotion Of Administrative Justice Act
• Servitude Registration
• Road Deproclamation
• Adequate Enclosure Certificate
• Public Vs Praedial Servitude

Krull v Els and Another (1064/2012)

Krull v Els and Another (1064/2012) [2012] ZAECGHC 44 (15 May 2012)

Court

Eastern Cape High Court, Grahamstown

Case number

1064/2012

Judge

J.E Smith

The High Court held that Krull lacked permission from Roads and Transport to erect gates on a public road, dismissed the contempt application, and discharged the rule nisi.

• Public Road Obstruction
• Adequate Enclosure Certificate
• Interim Interdict
• Contempt Of Court
• Public-road-obstruction
• Adequate-enclosure-certificate