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South Africa decisions
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Nekokwane v Road Accident Fund (CCT322/17) [2019] ZACC 11; 2019 (6) BCLR 745 (CC) (26 March 2019)
The Constitutional Court dismissed leave to appeal, holding that the matter was a purely factual dispute and did not raise a justiciable constitutional issue.
Arun Property Development (Pty) Ltd v City of Cape Town (CCT78/14) [2014] ZACC 37; 2015 (3) BCLR 243 (CC); 2015 (2) SA 584 (CC) (15 December 2014)
Section 28 of LUPO vests ownership of all public streets and public places in the local authority upon confirmation of a subdivision, but only land required for the normal needs of the development vests without compensation. Excess land, beyond normal needs, vests in the local authority but attracts a statutory right to compensation. The structure plan is not a 'policy' for purposes of section 28 and does not exclude compensation. Vesting of excess land constitutes expropriation, not mere deprivation, and must be compensated in accordance with section 25(2) of the Constitution and the Expropr…
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PFE International Inc (BVI) and Others v Industrial Development Corporation of South Africa Ltd (CCT 129/11) [2012] ZACC 21; 2013 (1) SA 1 (CC); 2013 (1) BCLR 55 (CC) (27 September 2012)
The Constitutional Court held that Rule 38(1) of the Uniform Rules, not PAIA, governed access to records sought for pending civil proceedings.
National Gambling Board v Premier of KwaZulu-Natal and Others (CCT32/01) [2001] ZACC 8; 2002 (2) BCLR 156; 2002 (2) SA 715 (21 December 2001)
The Constitutional Court held that the dispute between the National Gambling Board and the Premier of KwaZulu-Natal does not concern constitutional status, powers, or functions derived directly from the Constitution, but rather the interpretation and application of national and provincial legislation. Therefore, the matter does not fall within the exclusive jurisdiction of the Constitutional Court under section 167(4)(a). The Court further found that the parties failed to comply with their constitutional obligations of cooperative government by not making meaningful efforts to resolve the dis…
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Multilateral Motor Vehicle Accidents Fund v Clayton obo Geanneret and Others (131/95) [1996] ZASCA 116; [1997] 1 All SA 708 (A) (27 September 1996)
The court held that “fails” in article 48(f)(ii) requires deliberate, blameworthy withholding of documents, not mere omission, and dismissed the appeal.
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