South Africa Case Law

Changing Tides 74 (Pty) Ltd v City of Johannesburg (40135/2016)

Changing Tides 74 (Pty) Ltd v City of Johannesburg (40135/2016) [2025] ZAGPJHC 279 (14 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

40135/2016

Judge

Mahosi

The City of Johannesburg's failure to comply with the Claassen Order to provide temporary emergency accommodation to the unlawful occupiers was wrongful and constituted a breach of both the occupiers' constitutional right to adequate housing and Changing Tides' right to property. The City agreed to the deadline for accommodation with full knowledge of its financial position and failed to seek a variation of the order when it became unable to comply. Its conduct was reckless and demonstrated a lack of political will, resulting in Changing Tides being deprived of the use and income of its prope…

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• Pure Economic Loss
• Failure To Comply With Court Order
• Right To Adequate Housing
• Deprivation Of Property
• Municipal Liability
• Damages Assessment

Gace v Department of Water and Sanitation (WT 04/19/KZN)

Gace v Department of Water and Sanitation (WT 04/19/KZN) [2022] ZAWT 1 (31 May 2022)

Court

Water Tribunal

Case number

WT 04/19/KZN

Judges

T. Murombo, U. Mbeki

The Tribunal found that the appellant knowingly and wilfully contravened the National Water Act by constructing Dam 2 without the required water use licence and environmental authorisation, despite being fully aware of the legal requirements and receiving explicit guidance from the respondent. The directive issued under section 53(1) was found to be lawful, rational, and constitutionally sound, as it was aimed at rectifying an outright illegal act and restoring the environment to its prior state. The Tribunal rejected the appellant's argument that demolition of the dam amounted to deprivation…

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• National Water Act
• Unlawful Water Use
• Water Use Licence
• Environmental Authorisation
• Deprivation Of Property
• Compliance Enforcement

Bertie Van Zyl (Pty) Ltd t/a ZZ2 and Others v Minister of Agriculture, Forestry and Fisheries and Others (549/2020)

Bertie Van Zyl (Pty) Ltd t/a ZZ2 and Others v Minister of Agriculture, Forestry and Fisheries and Others (549/2020) [2021] ZASCA 101; [2021] 4 All SA 1 (SCA) (14 July 2021)

Court

Supreme Court of Appeal

Case number

549/2020

Judges

Petse, Saldulker, Makgoka, Goosen, Unterhalter

The Supreme Court of Appeal held that the power of assignees to determine inspection fees under s 3(1A)(b)(ii) of the Agricultural Product Standards Act does not constitute a deprivation of property as contemplated by s 25 of the Constitution, since the fees are paid in exchange for services and do not substantially interfere with property rights. The challenged provision does not offend the rule of law or s 195(1) of the Constitution, as these provisions do not create enforceable rights. Regarding the review, the Court found that the process followed by Procon in determining inspection fees…

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• Deprivation Of Property
• Judicial Review
• Procedural Fairness
• Rationality Review
• Promotion Of Administrative Justice Act
• Costs In Constitutional Litigation

Majola and Another v Country Cloud Trading 221 CC and Others (AR161/2018)

Majola and Another v Country Cloud Trading 221 CC and Others (AR161/2018) [2019] ZAKZPHC 21; 2019 (5) SA 195 (KZP) (15 April 2019)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR161/2018

Judges

Mbatha, Madondo, Hadebe

The court found that the conditions registered in the title deed created only personal rights enforceable against the original purchaser, not real rights binding successors-in-title. The respondents failed to provide evidence of a common intention or written consent required for rectification under s 4(1)(b) of the Deeds Registries Act. The attempt to substitute parties and amend the extent of the property amounted to the creation of new rights, not the correction of errors. Furthermore, the reversionary right clause, which allowed transfer of property without compensation, was held to be unc…

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• Rectification Of Title Deeds
• Real Vs Personal Rights
• Deprivation Of Property
• Deeds Registries Act
• Constitutional Property Rights
• Specific Performance

Minister of Safety and Security v South African Hunters and Game Conservation Association (CCT177/17)

Minister of Safety and Security v South African Hunters and Game Conservation Association (CCT177/17) [2018] ZACC 14; 2018 (2) SACR 164 (CC); 2018 (10) BCLR 1268 (CC) (7 June 2018)

Court

Constitutional Court

Case number

CCT 177/17

Judges

Zondo, Cachalia, Dlodlo, Froneman, Goliath, Jafta, Petse, Theron

Sections 24 and 28 of the Firearms Control Act are not vague or irrational. The provisions clearly set out the requirements for renewal and termination of firearm licences, and the consequences of non-compliance are explicit. The licensing system is rationally connected to the legitimate purpose of controlling firearms and protecting constitutional rights to life and bodily integrity. The differentiation between categories of licence termination is rational and does not amount to unfair discrimination. Any deprivation of property occurs under other provisions, not the impugned sections, and i…

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• Firearms Control Act
• Vagueness And Rationality
• Equality Rights
• Deprivation Of Property
• Rule Of Law
• Confirmation Proceedings

SP & C Catering Investments (Pty) Ltd v The Body Corporate of Waterfront Mews and Others (84/09)

SP & C Catering Investments (Pty) Ltd v The Body Corporate of Waterfront Mews and Others (84/09) [2009] ZASCA 162; [2010] 2 All SA 261 (SCA) ; 2010 (4) SA 104 (SCA) (30 November 2009)

Court

Supreme Court of Appeal

Case number

84/09

Judges

Harms, Navsa, Mthiyane, Ponnan, Hurt

The Supreme Court of Appeal held that the developer's reserved right to extend the sectional title scheme was a personal servitude subject to the time limit stipulated by the developer and registered in terms of section 25(1) of the Sectional Titles Act. There is no statutory or inherent jurisdiction for a court to extend the period of such a right, and the expiry of the right by effluxion of time does not constitute an unlawful deprivation of property under section 25 of the Constitution, as the developer himself determined the period. Section 25(13) does not provide a mechanism for the deve…

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• Sectional Titles Act
• Real Rights Extension
• Developer Rights
• Court Jurisdiction
• Deprivation Of Property

Real People Housing (Pty) Limited v City of Cape Town (9692/07)

Real People Housing (Pty) Limited v City of Cape Town (9692/07) [2008] ZAWCHC 65; 2010 (1) SA 411 (C) (21 November 2008)

Court

Western Cape High Court, Cape Town

Case number

9692/07

Judge

NJ Yekiso

The court held that a municipality must provide itemised clearance figures and issue a section 118(1) certificate once the two-year municipal debt is paid.

• Municipal Clearance Certificates
• Section 118 Municipal Systems Act
• Deprivation Of Property
• Constitutional Obligations Of Municipalities
• Allocation Of Debt
• Public Administration Standards

Steinberg v South Peninsula Municipality (520/99)

Steinberg v South Peninsula Municipality (520/99) [2001] ZASCA 93; 2001 (4) SA 1243 (SCA) (19 September 2001)

Court

Supreme Court of Appeal

Case number

520/99

Judges

Hefer, Harms, Mpati, Cloete, Brand

The Supreme Court of Appeal held that the approval of a road scheme affecting the appellant's property did not amount to expropriation or constructive expropriation under section 25 of the Constitution. The scheme was merely advance notification of a possible intention to construct a road, which may never be implemented. The appellant was aware of the scheme when she purchased the property, and the limitations on her rights existed at the time of acquisition. There was no statutory or administrative action depriving her of her property, nor was there any obligation on the respondent to exprop…

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• Property Clause
• Expropriation
• Deprivation Of Property
• Constructive Expropriation
• Compensation
• Road Schemes