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South Africa Case Law

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Land And Property [2020] ZANCHC 6

Sydney on Vaal Property Association v Theta Mining Proprietary Limited and Others (363/2019)

Sydney on Vaal Property Association v Theta Mining Proprietary Limited and Others (363/2019) [2020] ZANCHC 6 (28 February 2020)

Court
Northern Cape High Court, Kimberley
Case number
363/2019
Judge
Williams

The applicant failed to prove peaceful and undisturbed possession or unlawful deprivation necessary for a spoliation order. The relief sought under Part A is dismissed. The applicant's reliance on the Maledu judgment and section 54 of the MPRDA to prohibit mining activities pending compensation determination is misplaced. Section 54 provides a mechanism for resolving compensation disputes but does not prohibit mining operations solely due to unresolved compensation. The standing court order grants the respondents access to the property, and the applicant must pursue compensation through arbit…

Source excerpt

  • Mineral And Petroleum Resources Development Act
  • Spoliation
  • Surface Rights
  • Compensation For Land Use
  • Interdictory Relief
  • Internal Remedies
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Telecoms And Media [2018] ZASCA 168

Dark Fibre Africa (Pty) Ltd v City of Cape Town (195/2018)

Dark Fibre Africa (Pty) Ltd v City of Cape Town (195/2018) [2018] ZASCA 168; 2019 (3) SA 425 (SCA) (7 November 2018)

Court
Supreme Court of Appeal
Case number
195/2018
Judges
Lewis, Cachalia, Seriti, Molemela, Rogers

The Supreme Court of Appeal held that section 22 of the Electronic Communications Act does not override municipal bylaws or other applicable laws. The statutory rights conferred on licensees exist alongside other regulatory requirements, and licensees must obtain all necessary consents and comply with municipal conditions when exercising their rights. The City's requirements, including payment of deposits and tariffs, are authorized by law and serve legitimate public interests such as infrastructure protection and public safety. The appellant's interpretation of Link Africa was rejected; the…

Source excerpt

  • Electronic Communications Act
  • Municipal Bylaws
  • Public Servitude
  • Tariff Charges
  • Compensation For Land Use
  • Constitutional Municipal Powers
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Administrative Law [2017] ZAWCHC 151

Dark Fibre Africa (Pty) Ltd v City of Cape Town (7748/2017)

Dark Fibre Africa (Pty) Ltd v City of Cape Town (7748/2017) [2017] ZAWCHC 151; 2018 (4) SA 185 (WCC) (14 December 2017)

Court
Western Cape High Court, Cape Town
Case number
7748/2017
Judge
Davis

The court held that the City of Cape Town was entitled to impose conditions, including deposits and future tariffs, on licensees installing electronic communications networks, provided these conditions are authorized by municipal bylaws and do not thwart the statutory rights granted under section 22 of the Electronic Communications Act. The deposit system was found to be a legitimate means of incentivizing trenchless technology and compensating for road degradation, and the applicant failed to provide sufficient evidence of disproportionality. The conditions did not prevent the applicant from…

Source excerpt

  • Electronic Communications Act
  • Municipal Bylaws
  • Public Servitude
  • Compensation For Land Use
  • Tariffs And Deposits
  • Proportionality Review
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.