South Africa Case Law

Steinberg v South Peninsula Municipality (520/99)

Steinberg v South Peninsula Municipality (520/99) [2001] ZASCA 93; 2001 (4) SA 1243 (SCA) (19 September 2001)

Court

Supreme Court of Appeal

Case number

520/99

Judges

Hefer, Harms, Mpati, Cloete, Brand

The Supreme Court of Appeal held that the approval of a road scheme affecting the appellant's property did not amount to expropriation or constructive expropriation under section 25 of the Constitution. The scheme was merely advance notification of a possible intention to construct a road, which may never be implemented. The appellant was aware of the scheme when she purchased the property, and the limitations on her rights existed at the time of acquisition. There was no statutory or administrative action depriving her of her property, nor was there any obligation on the respondent to exprop…

Source excerpt

• Property Clause
• Expropriation
• Deprivation Of Property
• Constructive Expropriation
• Compensation
• Road Schemes