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South Africa Case Law

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Land And Property [2024] ZAGPJHC 18

De Luca and Others v Brazilie Farms (Pty) Ltd and Others (2023-130579)

De Luca and Others v Brazilie Farms (Pty) Ltd and Others (2023-130579) [2024] ZAGPJHC 18 (4 January 2024)

The High Court dismissed an urgent bid to stop a farm lease, finding the beneficiaries had not shown a prima facie right to exclusive use of the whole farm.

  • Interim Interdict
  • Trust Beneficiary Rights
  • Nature Conservation
  • Lease Agreement
  • Piercing Corporate Veil
  • Interim-interdict
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Land And Property [2021] ZAMPMBHC 72

Marloth Park Rate Payers Association NPC v Municipal Manager Nkomazi Local Municipality and Another (1277/2020)

Marloth Park Rate Payers Association NPC v Municipal Manager Nkomazi Local Municipality and Another (1277/2020) [2021] ZAMPMBHC 72 (7 February 2021)

The court dismissed a declaratory application about Marloth Park wildlife ownership and culling, holding the applicant lacked standing to bind all property owners.

  • Ownership Of Wildlife
  • Declaratory Relief
  • Locus Standi
  • Municipal Powers
  • Game Theft Act
  • Nature Conservation
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Constitutional Law [2013] ZAECMHC 36

Khohliso v S (86/2011, A790/10)

Khohliso v S (86/2011, A790/10) [2013] ZAECMHC 36; 2014 (2) SACR 49 (ECM) (12 December 2013)

Sections 13(c) and 84(13) of Decree No 9 of 1992 differentiate between residents of the former Transkei and the rest of the Eastern Cape, resulting in unfair discrimination that cannot be justified under section 36 of the Constitution. The strict liability imposed by section 84(13) further infringes the right to a fair trial and the presumption of innocence. The court found no rational connection between the legislative differentiation and any legitimate government purpose. The impugned sections are inconsistent with sections 9, 10, and 35 of the Constitution and are declared invalid. The con…

  • Equality Clause
  • Strict Liability
  • Nature Conservation
  • Bill Of Rights Limitation
  • Presumption Of Innocence
  • Territorial Legislative Disparity
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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.