South Africa Case Law

Burrie Smith Ontwikkelaars (Pty) Ltd v Rustenburg Local Municipality (2868/08)

Burrie Smith Ontwikkelaars (Pty) Ltd v Rustenburg Local Municipality (2868/08) [2017] ZANWHC 92 (17 August 2017)

Court

North West High Court, Mafikeng

Case number

2868/08

Judge

DJAJE

The court found that the applicant's proposed amendment does not introduce a new cause of action but rather clarifies the factors to be considered in determining compensation for expropriated land, in line with both section 12 of the Expropriation Act and section 25(3) of the Constitution. The five factors listed in section 25(3) are allegations of fact that can be proven with evidence, and the applicant is not precluded from producing such evidence. The amendment does not render the particulars of claim vague or embarrassing, nor does it prejudice the respondent, who retains the opportunity…

Source excerpt

• Expropriation
• Compensation For Expropriation
• Amendment Of Pleadings
• Section 25 Constitution
• Section 12 Expropriation Act