Barnett and Others v Minister of Land Affairs and Others (304/06)
Barnett and Others v Minister of Land Affairs and Others (304/06) [2007] ZASCA 95; 2007 (6) SA 313 (SCA); 2007 (11) BCLR 1214 (SCA) (6 September 2007)
The Supreme Court of Appeal held that the appellants' occupation and construction of cottages on State land within the coastal conservation area was unlawful, as no valid consent or permit was obtained under the applicable statutory framework. The court found that the Government's claims were not prescribed, as the occupation constituted a continuous wrong, giving rise to ongoing actionable claims. The court rejected the appellants' reliance on informal rights and customary law, finding no evidence of a relevant custom or practice permitting non-residents to occupy the land. The court further…
Source excerpt
- Coastal Conservation Area
- Unlawful Occupation
- Prescription Act
- Prevention Of Illegal Eviction Act
- Environmental Impact
- Customary Law Permission