Meintjes v Government of the Republic of South Africa (305/2011)
Meintjes v Government of the Republic of South Africa (305/2011) [2012] ZASCA 172 (28 November 2012)
The Supreme Court of Appeal held that the appellant did not possess a personal right in land at the time of expropriation. The deed of sale and related agreements contemplated transfer to companies formed or to be formed, not to the appellant personally. The contractual conditions precedent, including registration of companies and provision of guarantees, had not been fulfilled at the time of expropriation, rendering the contract inchoate and unenforceable. The appellant acted only in a representative capacity and did not acquire any direct entitlement to the land. Consequently, he failed to…
Source excerpt
- Restitution Of Land Rights Act
- Right In Land
- Racially Discriminatory Expropriation
- Equitable Redress
- Contractual Conditions Precedent