Mabuya v Buffalo City Municipality and Another (EL645/2013, ECD1545/2013) [2017] ZAECELLC 12 (15 May 2017)
Court
Eastern Cape High Court, East London Local Court
Case number
EL645/2013, ECD1545/2013
Judge
Hartle
The court refused to set aside the housing allocation process but ordered Buffalo City Municipality to ensure transfer of the allocated property into the applicant’s name.
Govender v Reddy and Others (360/2000) [2002] ZASCA 21 (27 March 2002)
Court
Supreme Court of Appeal
Case number
360/2000
Judges
Smalberger, Olivier, Farlam, Mthiyane, Heher
The Supreme Court of Appeal held that the Provincial Housing Board lacked statutory authority to revoke the allocation of properties to the deceased without valid consent from the estate. The executors' purported consent to the revocation was invalid, as it was manifestly unreasonable and unnecessary for the liquidation of the estate and exposed the estate to substantial claims for damages. The first respondent's interests were sufficiently direct to confer locus standi, both under common law and the Constitution, as his contractual arrangements and expectations were affected by the administr…
Source excerpt
Allocation Of State Property
Revocation Of Administrative Decisions
Legitimate Expectation
Locus Standi
Estate Liquidation
Constitutional Rights To Just Administrative Action