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South Africa Case Law

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Land And Property [2017] ZASCA 130

Uys N.O and Another v Msiza and Others (1222/2016)

Uys N.O and Another v Msiza and Others (1222/2016) [2017] ZASCA 130; 2018 (3) SA 440 (SCA) (29 September 2017)

Court
Supreme Court of Appeal
Case number
1222/2016
Judges
Navsa, Cachalia, Seriti, Tsoka, Lamont

The Supreme Court of Appeal held that just and equitable compensation for the expropriated land must be determined by considering all relevant factors under section 25(3) of the Constitution, with market value as the starting point. The property was correctly valued as agricultural land at R1.8 million, as the Trust purchased the land with full knowledge of the labour tenant claim, which constituted a pre-existing impediment to development. The Pointe Gourde principle does not apply in these circumstances, as the depreciation in value was known and reflected in the purchase price. The Land Cl…

Source excerpt

  • Just And Equitable Compensation
  • Expropriation
  • Market Value Assessment
  • Labour Tenant Claims
  • Costs Award
  • Pointe Gourde Principle
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Land And Property [2006] ZASCA 91

City of Cape Town v Helderberg Park Development (Pty) Ltd (429/05)

City of Cape Town v Helderberg Park Development (Pty) Ltd (429/05) [2006] ZASCA 91; [2007] 1 All SA 517 (SCA); 2007 (1) SA 1 (SCA); 2007 (6) BCLR 628 (SCA) (31 August 2006)

Court
Supreme Court of Appeal
Case number
429/05
Judges
Harms, Mthiyane, Nugent, Conradie, Theron

The Supreme Court of Appeal held that the expropriated strip of land had no development potential and its market value was negligible. The sterilisation of the strip for canalisation was a necessary precondition for township development, and Helderberg purchased Phase 3 with full knowledge of this limitation. The court found no causal link between the planning condition and the expropriation that would justify disregarding the depreciation in value under s 12(5)(f). The compensation must reflect the agricultural value of the land, as proposed by the local authority, and no upward adjustment w…

Source excerpt

  • Expropriation Act
  • Just And Equitable Compensation
  • Pointe Gourde Principle
  • Market Value Assessment
  • Planning Restrictions
  • Costs Award
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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.