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South Africa Case Law

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Civil Procedure [2025] ZAWCHC 190

Aeberhard v Signal View Close Homeowners Association and Others (11256/2023)

Aeberhard v Signal View Close Homeowners Association and Others (11256/2023) [2025] ZAWCHC 190 (5 May 2025)

The High Court dismissed an application over alleged encroachment on public open space, finding the applicant failed to establish locus standi under section 38.

  • Locus Standi
  • Public Open Space
  • Municipal Planning Bylaw
  • Declaratory Relief
  • Interdictory Relief
  • Locus-standi
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Land And Property [2015] ZAWCHC 164

Minister of Human Settlements, Western Cape Government v Bamba and Others (619/2015)

Minister of Human Settlements, Western Cape Government v Bamba and Others (619/2015) [2015] ZAWCHC 164 (29 October 2015)

The High Court ordered renumbering of mistaken erven in Philippi so title deeds match occupation, with related amendments to the general plan and deeds.

  • Rectification Of Title Deeds
  • Registration Of Land
  • Deeds Registries Act
  • Surveying Errors
  • Public Open Space
  • Mortgage Bond Cancellation
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Administrative Law [2010] ZAWCHC 69

Sea Front for All and Another v MEC: Environmental and Development Planning, Western Cape Provincial Government and Others (15974/07)

Sea Front for All and Another v MEC: Environmental and Development Planning, Western Cape Provincial Government and Others (15974/07) [2010] ZAWCHC 69; 2011 (3) SA 55 (WCC) (26 March 2010)

The court found that the MEC, in granting environmental authorisation for the redevelopment of the Sea Point Pavilion site, failed to comply with mandatory requirements under section 22(2) of the Environmental Conservation Act by not considering reports on alternative land uses, particularly the 'no-go' option. The scoping reports relied upon did not investigate alternatives, and the MEC's decision was materially influenced by an expert report co-authored by Commlife Properties, which had a potential financial interest in the approval, compromising the independence required by the regulations…

  • Environmental Impact Assessment
  • Review Of Administrative Action
  • Independence Of Expert Reports
  • Public Open Space
  • Change Of Land Use
  • Promotion Of Administrative Justice Act
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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.