South Africa Case Law

Balule Nature Reserve v Hoedspruit Farming Estates (Pty) Limited and Others (1698/2019)

Balule Nature Reserve v Hoedspruit Farming Estates (Pty) Limited and Others (1698/2019) [2019] ZALMPPHC 53 (22 November 2019)

Court

Limpopo High Court, Polokwane

Case number

1698/2019

Judge

E M Makgoba

The court found that the applicant failed to provide proof of a resolution passed by its management committee authorising the institution of the proceedings, as required by its constitution. The absence of such a resolution meant the applicant was not duly authorised to act. Furthermore, the applicant did not establish locus standi to seek relief regarding the boundary fence, as the powers to deal with fencing matters between privately owned properties reside with regional associations or property owners, not the applicant. The uncontested allegations by the respondent were accepted, and the…

Source excerpt

• Mandament Van Spolie
• Authority To Institute Proceedings
• Boundary Fence Dispute
• Voluntary Association Powers

Aden Landgoed Bk v Van Der Walt NO en 'n Ander (678/94)

Aden Landgoed Bk v Van Der Walt NO en 'n Ander (678/94) [1996] ZASCA 43 (29 March 1996)

Court

Supreme Court of Appeal

Case number

678/94

Judges

F H Grosskopf, Hefer, Nestadt, Howie, Marais

The court held that the Fencing Act is broad enough to permit a game-proof fence on an agreed boundary line, and dismissed the appeal with costs.

• Omheiningswet Interpretation
• Boundary Fence Dispute
• Wild Fencing
• Statutory Construction
• Statutory-construction
• Boundary-fence-dispute

Bakriver (Eiendoms) Bpk. v Fourie (384/82)

Bakriver (Eiendoms) Bpk. v Fourie (384/82) [1984] ZASCA 32; 1984 (3) SA 29 (A) (29 March 1984)

Court

Supreme Court of Appeal

Case number

384/82

Judges

Kotzé, Trengove, Viljoen, Smuts, Grosskopf

The court held that an existing jackal-proof boundary fence remained such under the Fencing Act, so section 7 did not apply to proposed alterations.

• Omheiningswet Interpretation
• Boundary Fence Dispute
• Statutory Construction
• Cost Sharing Of Fencing
• Fencing-act
• Boundary-fence-dispute