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South Africa decisions
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Madiba and Others v First National Bank Limited and Others (58290/2014) [2016] ZAGPPHC 1146 (26 October 2016)
The High Court granted absolution from the instance against the Madiba applicants, finding no identified dispute with a named respondent over their occupation.
Ingonyama Trust and Others v Umlalazi Municipality and Others (1421/2016) [2016] ZAKZPHC 89 (10 October 2016)
The court found that the applicants are in occupation of the land and enjoy informal rights protected by IPILRA. The respondents' actions in threatening eviction and demolition without a court order contravened both the PIE Act and constitutional protections. The evidence disproved the respondents' claim that the land was unoccupied, and the municipality failed in its duty to consult and compensate the community. The court rejected the respondents' argument that a mandament van spolie cannot prohibit threatened spoliation, holding that threatened spoliation should be prohibited where it would…
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