Mdodana v Premier of the Eastern Cape and Others (1648/10)
Mdodana v Premier of the Eastern Cape and Others (1648/10) [2013] ZAECGHC 66 (13 June 2013)
The court found that sections 12, 23, 34, 35, 36 and 63 to 70 of the Pounds Ordinance collectively establish a scheme that permits the impoundment and sale of livestock without judicial supervision, resulting in arbitrary deprivation of property and unfair discrimination against the landless. The impugned provisions are overbroad and disproportionate, failing to meet constitutional standards for limitation of rights. Section 14 can be saved by reading in a requirement for reasonable diligence in notifying owners, but the other provisions cannot be cured by reading in or severance without enga…
Source excerpt
- Arbitrary Deprivation Of Property
- Right To Fair Administrative Action
- Right Of Access To Courts
- Unfair Discrimination
- Judicial Supervision Of Executive Action
- Sale In Execution