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South Africa Case Law

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Land And Property [2025] ZAECMKHC 43

Smith v Buffalo City Municipality and Others (1323/2008)

Smith v Buffalo City Municipality and Others (1323/2008) [2025] ZAECMKHC 43 (8 May 2025)

The court held that MFMA section 14 did not bar restoration of expropriated land found unsuitable for its public purpose and made the settlement an order.

  • Expropriation
  • Municipal Finance Management Act
  • Restoration Of Property
  • Settlement Agreement
  • Deeds Registries Act
  • Public Purpose Requirement
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Land And Property [2009] ZAKZDHC 51

eThekwini Municipality v Spetsiotis (14688/2009)

eThekwini Municipality v Spetsiotis (14688/2009) [2009] ZAKZDHC 51 (6 November 2009)

The court found that the applicant had proved a need to demolish the leased premises to achieve the proposed redevelopment of the beachfront, which constituted a public purpose. The procedures under the Ordinance and Expropriation Act were followed, and the respondent was afforded a reasonable opportunity to make representations as required by PAJA. The respondent's objections lacked substantive content and did not address the factual basis for expropriation. The court held that the administrative procedure was fair in all the circumstances and that the expropriation was rationally connected…

  • Expropriation
  • Procedural Fairness
  • Promotion Of Administrative Justice Act
  • Public Purpose Requirement
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Civil Procedure [2008] ZAKZHC 99

Maize Board v Epol (Pty) Ltd (9874/2007)

Maize Board v Epol (Pty) Ltd (9874/2007) [2008] ZAKZHC 99; 2009 (3) SA 110 (D); 71 SATC 236 (18 December 2008)

The court held that maize levy claims were not “taxation” under the Prescription Act, so the plaintiff’s claim had prescribed after three years.

  • Prescription Act
  • Levies Under Marketing Act
  • Definition Of Taxation
  • Regulatory Fees
  • Public Purpose Requirement
  • Prescription
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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.