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South Africa Case Law

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Administrative Law [2018] ZAWCHC 36

Habitat Council v City of Cape Town and Others (16920/2016)

Habitat Council v City of Cape Town and Others (16920/2016) [2018] ZAWCHC 36 (20 March 2018)

Court
Western Cape High Court, Cape Town
Case number
16920/2016
Judge
J Cloete

The court found that the applicant, as a recognised heritage conservation body and voluntary association, had locus standi to seek review of the PLANAP decision under section 38 of the Constitution and section 6 of PAJA. The PLANAP decision, though a nullity, remained legally effective until set aside by a court, and the applicant was entitled to seek such relief to remove the bar to reviewing the MAYCO decision. The respondents' reliance on collateral challenge was misplaced, as the applicant was not seeking to compel compliance but to clear the way for further review. The court also held th…

Source excerpt

  • Locus Standi
  • Review Of Administrative Action
  • Municipal Systems Act
  • Heritage Conservation
  • Nullity Of Decision
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Administrative Law [2016] ZASCA 136

Gees v Provincial Minister of Cultural affairs and Sport, Western Cape and Others (974/2015)

Gees v Provincial Minister of Cultural affairs and Sport, Western Cape and Others (974/2015) [2016] ZASCA 136; 2017 (1) SA 1 (SCA) (29 September 2016)

Court
Supreme Court of Appeal
Case number
974/2015
Judges
Maya, Bosielo, Seriti, Fourie, Dlodlo

The Supreme Court of Appeal held that s 48(2) of the National Heritage Resources Act confers a broad discretion on heritage authorities to impose conditions in permits, not limited to formally protected heritage areas. The conditions imposed on the demolition permit for Erf 1444 were aimed at conserving the heritage character of the surrounding area, which is in the process of being formally protected. The court found that the conditions were lawful, reasonable, and equitable, and did not amount to arbitrary deprivation of property under s 25(1) of the Constitution. The appeal was dismissed,…

Source excerpt

  • National Heritage Resources Act
  • Permit Conditions
  • Ultra Vires
  • Arbitrary Deprivation Of Property
  • Heritage Conservation
  • Constitutional Property Rights
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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.