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South Africa Case Law

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Administrative Law [2017] ZAWCHC 151

Dark Fibre Africa (Pty) Ltd v City of Cape Town (7748/2017)

Dark Fibre Africa (Pty) Ltd v City of Cape Town (7748/2017) [2017] ZAWCHC 151; 2018 (4) SA 185 (WCC) (14 December 2017)

Court
Western Cape High Court, Cape Town
Case number
7748/2017
Judge
Davis

The court held that the City of Cape Town was entitled to impose conditions, including deposits and future tariffs, on licensees installing electronic communications networks, provided these conditions are authorized by municipal bylaws and do not thwart the statutory rights granted under section 22 of the Electronic Communications Act. The deposit system was found to be a legitimate means of incentivizing trenchless technology and compensating for road degradation, and the applicant failed to provide sufficient evidence of disproportionality. The conditions did not prevent the applicant from…

Source excerpt

  • Electronic Communications Act
  • Municipal Bylaws
  • Public Servitude
  • Compensation For Land Use
  • Tariffs And Deposits
  • Proportionality Review
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Civil Procedure [2003] ZAWCHC 1

National Director of Public Prosecutions v Seevnarayan (6972/2001)

National Director of Public Prosecutions v Seevnarayan (6972/2001) [2003] ZAWCHC 1; [2003] 1 All SA 240 (C); 2003 (2) SA 178 (C); 2003 (1) SACR 260 (C); 2003 (7) BCLR 766 (C); 66 SATC 15 (3 January 2003)

Court
Western Cape High Court, Cape Town
Case number
6972/2001
Judge
Griesel

The court held that the property concerned was not an instrumentality of an offence, as the funds were not the means by which the offences were committed but rather the subject matter. The respondent's conduct amounted to tax evasion and fraud on SARS, but the funds were legitimately earned before any unlawful activity occurred. The applicant failed to establish a sufficient connection between the unlawful activities and the derivation or retention of all the property. The statutory scheme does not permit the court to grant partial forfeiture orders, and a literal application would lead to di…

Source excerpt

  • Civil Forfeiture
  • Prevention Of Organised Crime Act
  • Income Tax Evasion
  • Fraud
  • Statutory Interpretation
  • Proportionality Review
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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.