South Africa Case Law

Organisation Undoing Tax Abuse v Minister of Transport and Others (32097/2020)

Organisation Undoing Tax Abuse v Minister of Transport and Others (32097/2020) [2022] ZAGPPHC 1; 2022 (2) SA 566 (GP) (13 January 2022)

Court

North Gauteng High Court, Pretoria

Case number

32097/2020

Judge

Basson

The court found that the AARTO Act and the Amendment Act unlawfully intrude upon the exclusive legislative and executive competence of provincial and local governments as set out in Schedule 5 of the Constitution. The Acts create a single national system for the administrative enforcement of road traffic laws, thereby usurping the powers reserved for provinces and municipalities. The court applied the 'bottom-up' approach endorsed by the Constitutional Court, carving out exclusive municipal and provincial competencies before considering national powers. The respondents failed to establish any…

Source excerpt

• Division Of Powers
• Legislative Competence
• Exclusive Provincial Powers
• Municipal Autonomy
• Severability
• Invalidity Of Legislation

Farao and Another v Regional Land Claims Commissioner and Others (LCC137/2019)

Farao and Another v Regional Land Claims Commissioner and Others (LCC137/2019) [2020] ZALCC 16 (6 November 2020)

Court

Land Claims Court

Case number

LCC137/2019

Judge

Spilg

The Land Claims Court set aside an urgent interdict seeking to halt a settlement order over Meideberg farm, finding the applicants lacked locus standi and the claim was not shown to trigger section 11(7) protection.

• Restitution Of Land Rights Act
• Interim Interdict
• Locus Standi
• Community Land Claims
• Invalidity Of Legislation
• Urgent Relief

Land Access Movement of South Africa and Others v Chairperson of the National Council of Provinces and Others (CCT40/15)

Land Access Movement of South Africa and Others v Chairperson of the National Council of Provinces and Others (CCT40/15) [2016] ZACC 22; 2016 (5) SA 635 (CC); 2016 (10) BCLR 1277 (CC) (28 July 2016)

Court

Constitutional Court

Case number

CCT40/15

Judges

Mogoeng, Moseneke, Bosielo, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mhlantla, Nkabinde, Zondo

The Constitutional Court held that Parliament, specifically the National Council of Provinces, failed to satisfy its constitutional obligation to facilitate public involvement in passing the Restitution of Land Rights Amendment Act 15 of 2014. The truncated timeline, inadequate notice, and failure to properly consider public input rendered the process unreasonable and constitutionally invalid. The Court declared the Amendment Act invalid, but limited the retrospective effect of the order to the date of judgment to avoid prejudice to claimants who had already lodged claims in good faith. The C…

Source excerpt

• Public Participation
• Section 72 Obligation
• Restitution Of Land Rights
• Invalidity Of Legislation
• Remedial Orders
• Costs Award