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South Africa Case Law

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Constitutional Law [2018] ZASCA 87

Gongqose and Others v Minister of Agriculture, Forestry and Others, Gongqose and S (1340/16, 287/17)

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)

Court
Supreme Court of Appeal
Case number
1340/16, 287/17
Judges
Maya, Majiedt, Dambuza, Plasket, Schippers

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…

Source excerpt

  • Customary Law Rights
  • Marine Living Resources Act
  • Unlawfulness In Statutory Offences
  • Environmental Conservation
  • Restitution Of Land Rights
  • Bill Of Rights Limitation
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Administrative Law [2009] ZASCA 85

Oudekraal Estates (Pty) Ltd v The City of Cape Town and Others (25/08)

Oudekraal Estates (Pty) Ltd v The City of Cape Town and Others (25/08) [2009] ZASCA 85; 2010 (1) SA 333 (SCA) (3 September 2009)

Court
Supreme Court of Appeal
Case number
25/08
Judges
Navsa, Van Heerden, Ponnan, Mhlantla, Wallis

The Supreme Court of Appeal held that the 1957 administrative approval for the establishment of a township on portion 7 of Oudekraal was invalid from inception due to the non-disclosure of graves and kramats of significant religious and cultural importance. Although there was an unprecedented delay in bringing review proceedings, the court exercised its discretion to disregard the delay, considering the unique circumstances, including the marginalisation of the Muslim community under apartheid, the environmental and heritage value of the land, and the absence of substantial reliance or prejud…

Source excerpt

  • Delay Rule In Judicial Review
  • Ultra Vires Administrative Action
  • Freedom Of Religion
  • Environmental Conservation
  • Bill Of Rights Limitation
  • Heritage Protection
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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.