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South Africa Case Law

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Constitutional Law [2022] ZASCA 93

Govan Mbeki Local Municipality and Another v Glencore Operations South Africa (Pty) Ltd and Others (334/2021;338/2021)

Govan Mbeki Local Municipality and Another v Glencore Operations South Africa (Pty) Ltd and Others (334/2021;338/2021) [2022] ZASCA 93; [2022] 3 All SA 675 (SCA); 2022 (6) SA 106 (SCA) (17 June 2022)

Court
Supreme Court of Appeal
Case number
334/2021;338/2021
Judges
Maya, Dambuza, Plasket, Musi, Salie-Hlophe

The Supreme Court of Appeal held that the impugned municipal by-laws, which imposed an embargo on the registration of transfer of immovable property unless certain municipal requirements were met, exceeded the legislative competence of municipalities under s 156 of the Constitution. The by-laws regulated the transfer and registration of property, a function reserved for national government and governed by the Deeds Registries Act and national legislation. The court found that the by-laws were not authorised by the SPLUMA or the Systems Act, and that they conflicted with s 118 of the Systems A…

Source excerpt

  • Municipal Legislative Competence
  • Arbitrary Deprivation Of Property
  • Spatial Planning And Land Use Management
  • By Law Validity
  • Conflict With National Legislation
  • Deeds Registration
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Constitutional Law [2021] ZAMPMHC 39

Glencore Operations South Africa (Pty) Ltd and Others v Steve Tshwete Local Municipality and Others (2607/2019)

Glencore Operations South Africa (Pty) Ltd and Others v Steve Tshwete Local Municipality and Others (2607/2019) [2021] ZAMPMHC 39 (13 January 2021)

Court
Middelburg High Court, Mpumalanga
Case number
2607/2019
Judge
Barnardt

The court found that the impugned municipal by-law provisions imposed substantial and insurmountable obstacles to the transfer and registration of immovable property, particularly for mining properties, resulting in arbitrary deprivation of property in violation of Section 25(1) of the Constitution. The by-laws required compliance with occupancy certificates, approved building plans, and zoning certificates, which were not applicable or obtainable for the applicants' properties. The court held that municipalities lack legislative competence to regulate the process of property transfer, which…

Source excerpt

  • Municipal By Laws
  • Arbitrary Deprivation Of Property
  • Conflict With National Legislation
  • Municipal Planning
  • Transfer Of Property
  • Administrative 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.