Trustees for the time being of the Burmilla Trust and Another v President of the RSA and Another (64/2021)
Trustees for the time being of the Burmilla Trust and Another v President of the RSA and Another (64/2021) [2022] ZASCA 22; [2022] 2 All SA 412 (SCA); 2022 (5) SA 78 (SCA) (1 March 2022)
The Supreme Court of Appeal held that the particulars of claim disclosed a cause of action for constitutional damages under s 172(1)(b) of the Constitution in respect of the value of the Rampai mining lease and the costs of prosecuting that claim before the SADC tribunal, as the SADC tribunal could have found the lease valid and expropriated, awarding compensation. The SADC tribunal was not bound by Lesotho court decisions and could have reached a different conclusion based on admissions or new evidence. Van Zyl SCA did not preclude the present claim, as it did not decide the same issues. How…
Source excerpt
- Constitutional Damages
- Access To Court
- Expropriation Without Compensation
- International Treaty Obligations
- Exception Procedure
- Judicial Expropriation