South Africa Case Law

Liberty Group Limited and Others v City of Johannesburg Metropolitan Municipility and Others (2023/024680)

Liberty Group Limited and Others v City of Johannesburg Metropolitan Municipility and Others (2023/024680) [2024] ZAGPJHC 153 (19 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/024680

Judge

Wright

The court dismissed a review of Johannesburg’s decision to build a Sandton BRT terminal, finding material compliance with notice requirements and no proven expropriation.

• Municipal Notice Requirements
• Review Of Administrative Action
• Delegation Of Authority
• Expropriation
• Interdict
• Public Transport Infrastructure

Moela v Shoniwe (054/2004)

Moela v Shoniwe (054/2004) [2005] ZASCA 33; 2005 (4) SA 357 (SCA) (31 March 2005)

Court

Supreme Court of Appeal

Case number

054/2004

Judges

Streicher, Navsa, Conradie, Cloete, Maya

The Supreme Court of Appeal held that there was no compliance with section 4(2) of PIE regarding service of notice on the municipality. The evidence did not establish that the municipality was properly notified or had any knowledge of the proceedings. The object of section 4(2), which is to ensure that both the unlawful occupier and the municipality are fully aware of the eviction proceedings and the occupier's rights, was not achieved. As the requirements are peremptory and there was no proof of effective service on the municipality, the summary judgment for eviction was fatally defective an…

Source excerpt

• Prevention Of Illegal Eviction Act
• Summary Judgment
• Service Of Process
• Municipal Notice Requirements