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South Africa decisions
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IJ Steenkamp N.O v LH Moeti (3894/2019) [2021] ZAFSHC 137 (29 April 2021)
The court dismissed an eviction application under PIE, finding the respondent occupied the property with family authorisation and was not unlawful.
Gongqose and Others v Minister of Agriculture, Forestry and Others, Gongqose and S (1340/16, 287/17) [2018] ZASCA 87; [2018] 3 All SA 307 (SCA); 2018 (5) SA 104 (SCA); 2018 (2) SACR 367 (SCA) (1 June 2018)
The Supreme Court of Appeal held that the Constitution recognises customary law as an independent source of law, subject only to the Constitution and legislation specifically dealing with customary law. The evidence established that the Dwesa-Cwebe communities have exercised customary rights of access to and use of marine resources since time immemorial, and these rights were not extinguished by the Marine Living Resources Act, which did not specifically address customary law. The MLRA regulated fishing but did not expressly or by necessary implication extinguish customary rights. The appella…
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Gongqose and Others v S; Gongqose and Others v Minister of Agriculture, Forestry and Fisheries and Others (CA&R26/13) [2016] ZAECMHC 1; [2016] 2 All SA 130 (ECM); 2016 (1) SACR 556 (ECM) (18 February 2016)
The court held that the appellants' customary law rights to access marine resources did not negate unlawfulness under section 43 of the MLRA, as the Act is a law of general application aimed at conservation and sustainable use for all citizens. The MLRA provides for exemption applications, which the appellants did not pursue prior to fishing. The rights under sections 30 and 31 of the Constitution must be exercised consistently with section 24, which protects the environment. The court found that section 43 of the MLRA was not unconstitutional, as it did not expressly extinguish customary law…
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