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South Africa decisions
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Smith v Buffalo City Municipality and Others (1323/2008) [2025] ZAECMKHC 43 (8 May 2025)
The court held that MFMA section 14 did not bar restoration of expropriated land found unsuitable for its public purpose and made the settlement an order.
Platinum Mile Inv 442 (Pty) Ltd and Another v Chief Director, the Department of Forestry, Fisheries and the Environment and Others (17469/2024) [2025] ZAWCHC 129 (20 March 2025)
The High Court granted an interim interdict stopping Eskom and the National Transmission Company from advancing expropriation steps pending a review.
Solidarity Trade Union and Others v Minister of Health and Others (61844/2021) [2024] ZAGPPHC 677; [2024] 4 All SA 264 (GP); 2024 (11) BCLR 1451 (GP); 2024 (6) SA 639 (GP) (24 July 2024)
The court found that sections 36 to 40 of the National Health Act 61 of 2003 (Certificate of Need scheme) are unconstitutional. The scheme infringes several constitutional rights, including dignity, freedom of movement and residence, choice of trade, property rights, and access to healthcare. It imposes impermissible barriers to entry and continued operation for private healthcare providers and establishments, with retrospective effect and no guarantee of renewal. The scheme enables arbitrary deprivation and expropriation of property without compensation or fair process, and compels resource…
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Citrusdal Beleggings (Pty) Ltd v Minister of Water and Sanitation (17606 / 2022) [2024] ZAWCHC 180 (12 July 2024)
The High Court held that the applicant was not entitled to spoliation relief after lawful expropriation and compensation, and dismissed the application with costs.
Shoreline Auctioneers CC v City of Johannesburg Metropolitan Municipality (38105/2017) [2024] ZAGPJHC 464 (8 May 2024)
The High Court granted leave to appeal in an expropriation compensation dispute, finding one ground had reasonable prospects of success.
Summer Season Trading 63 (Pty) Ltd v City of Tshwane Metropolitan Municipality and Others (22557/2015; 25597/2011) [2024] ZAGPPHC 249 (11 March 2024)
The High Court dismissed both parties’ applications for leave to appeal in a land, eviction and expropriation dispute, and ordered costs against the respondents.
Liberty Group Limited and Others v City of Johannesburg Metropolitan Municipility and Others (2023/024680) [2024] ZAGPJHC 153 (19 February 2024)
The court dismissed a review of Johannesburg’s decision to build a Sandton BRT terminal, finding material compliance with notice requirements and no proven expropriation.
Burrie Smit Ontwikkelaars (Pty) Ltd v Rustenburg Local Municipality (Leave to Appeal) (2868/2008) [2024] ZANWHC 35 (15 February 2024)
The court granted leave to appeal and cross-appeal on issues of interest and costs arising from an expropriation compensation order.
Shoprite Checkers (Pty) Ltd v Premier of the Western Cape Province and Another (17531/2022) [2023] ZAWCHC 308 (1 December 2023)
The court held that the notices of expropriation, properly construed, included both the existing and new road reserves as expropriated property. The documents attached to the notices, other than the official notice and sketch plan, were not part of the statutory notice and could not be used to limit or interpret the extent of expropriation. The court rejected the defendants' argument that no compensation was payable for the existing road reserves, finding that the statutory and constitutional framework requires clarity and fairness in administrative action and compensation. The exception proc…
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Raymond Mhlaba Local Municipality v Coega Packaging (Pty) Ltd (1838/2021) [2022] ZAECMKHC 110 (29 November 2022)
The High Court granted leave to appeal in a rescission matter, finding the dispute raised public-importance issues about encroachment, expropriation, and municipal powers.
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