South Africa Case Law

Langebaan Ratepayers and Residents Association v Dormell Properties 391 (Pty) Ltd (11859/2011)

Langebaan Ratepayers and Residents Association v Dormell Properties 391 (Pty) Ltd (11859/2011) [2012] ZAWCHC 50; 2013 (1) SA 37 (WCC) (8 May 2012)

Court

Western Cape High Court, Cape Town

Case number

11859/2011

Judge

N Saba

The court found that the applicant had established, on a balance of probabilities, that a public servitudal right of way existed over the gravel road (White Road) in Langebaan due to immemorial use by the public. The evidence from historical maps, manuscripts, and affidavits demonstrated continuous, unhindered public access long before the road's proclamation as a provincial road in 1968. The respondent failed to rebut the presumption of lawful origin of the public's use, and the introduction of a permit system did not effectively curtail the right. The court held that the deproclamation and…

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• Public Servitude
• Immemorial User
• Interdict
• Right Of Way
• Municipal Ordinance
• Urgent Interdict

Majomatic 115 (Pty) Ltd v Kouga Municipality and Others (303/2009)

Majomatic 115 (Pty) Ltd v Kouga Municipality and Others (303/2009) [2010] ZASCA 17; [2010] 3 All SA 415 (SCA) (18 March 2010)

Court

Supreme Court of Appeal

Case number

303/2009

Judges

Mthiyane, Cachalia, Leach, Majiedt, Saldulker

The Supreme Court of Appeal held that the relevant provisions of the Municipal Ordinance 20 of 1974 (Cape), specifically sections 124(2) and the non-offensive portions of section 124(1), remained in force after the advent of the Constitution, except to the extent of any inconsistency. The oversight powers of the Premier were inconsistent with the Constitution and should be disregarded, but the procedural requirements for advertising and considering objections to the sale of municipal property survived. The Local Government Transition Act did not provide alternative procedures for the alienati…

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• Alienation Of Municipal Property
• Implied Repeal
• Constitutional Consistency
• Municipal Ordinance
• Procedural Compliance

Buffalo City Municipality v Gauss and Another (5/2004)

Buffalo City Municipality v Gauss and Another (5/2004) [2004] ZASCA 148; [2006] 2 All SA 11 (SCA); 2006 (10) BCLR 1172 (SCA); 2005 (4) SA 498 (SCA) (2 December 2004)

Court

Supreme Court of Appeal

Case number

5/04

Judges

MPATI, NAVSA, NUGENT, CLOETE, COMRIE

The Supreme Court of Appeal held that the Municipal Ordinance (Cape) 20 of 1974 does not require a hearing before the local authority's decision to expropriate is taken and the preliminary notice is issued. The right to be heard is afforded at a later stage, specifically before the Premier decides whether to approve the expropriation. The temporary restrictions imposed by the preliminary notice are intended to preserve the status quo and do not amount to procedurally unfair administrative action. The Ordinance does not, either expressly or by necessary implication, require a prior hearing, an…

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• Expropriation
• Procedural Fairness
• Municipal Ordinance
• Right To Be Heard

Langeveldt and Another v Hiemstra and Others (J753/99)

Langeveldt and Another v Hiemstra and Others (J753/99) [1999] ZALC 132 (23 August 1999)

Court

Labour Court

Case number

J753/99

Judge

Stelzner

The Labour Court dismissed a review of a town clerk's dismissal, holding the disciplinary process was fair and that Premier approval was not required.

• Unfair Dismissal
• Disciplinary Procedure
• Municipal Ordinance
• Jurisdiction Of Labour Court
• Unfair-dismissal
• Disciplinary-procedure