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South Africa Case Law

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Constitutional Law [2019] ZACC 31

Herbert N.O. and Others v Senqu Municipality and Others (CCT 308/18)

Herbert N.O. and Others v Senqu Municipality and Others (CCT 308/18) [2019] ZACC 31; 2019 (11) BCLR 1343 (CC); 2019 (6) SA 231 (CC) (22 August 2019)

Court
Constitutional Court
Case number
CCT 308/18
Judges
Cameron, Froneman, Jafta, Khampepe, Ledwaba, Madlanga, Mhlantla, Nicholls, Theron

The Constitutional Court confirmed the High Court's declaration that section 1 of the Land Affairs General Amendment Act 61 of 1998 and section 25A of the Upgrading of Land Tenure Rights Act 112 of 1991 are inconsistent with section 9(1) of the Constitution to the extent that they exclude section 3 from applying to the entire Republic. The Court found that the differentiation created by these provisions is irrational, perpetuates the discriminatory effects of apartheid, and unjustifiably limits the right to equality before the law. No legitimate government purpose was advanced to justify the…

Source excerpt

  • Equality Before The Law
  • Land Tenure Reform
  • Discriminatory Legislation
  • Constitutional Invalidity
  • Remedial Orders
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Land And Property [2003] ZASCA 132

Rashavha v Van Rensburg (439/2002)

Rashavha v Van Rensburg (439/2002) [2003] ZASCA 132; [2004] 1 All SA 168 (SCA); 2004 (2) SA 421 (SCA) (28 November 2003)

Court
Supreme Court of Appeal
Case number
439/2002
Judges
Mpati, Mthiyane, Brand, Lewis, Mlambo

The Supreme Court of Appeal refused condonation for the late filing of the appeal, finding the delay inexcusable and the explanations provided by the appellant's legal representatives unacceptable. However, the court considered the appellant's personal circumstances and did not refuse condonation solely due to her attorneys' negligence. Ultimately, condonation was denied because the appellant had no reasonable prospect of success on appeal. The court held that section 8(4) of the Extension of Security of Tenure Act did not apply, as the appellant was not 60 years old at the relevant time and…

Source excerpt

  • Extension Of Security Of Tenure Act
  • Eviction
  • Condonation
  • Comparative Hardship
  • Just And Equitable
  • Land Tenure Reform
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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.