Herbert NO and Others v Senqu Municipality and Others (2457/2016)
Herbert NO and Others v Senqu Municipality and Others (2457/2016) [2018] ZAECGHC 92; [2018] 4 All SA 677 (ECG) (11 October 2018)
The court found that section 1 of the Land Affairs General Amendment Act 61 of 1998 and section 25A of the Upgrading of Land Tenure Rights Act 112 of 1991, to the extent that they exclude section 3 from application throughout the Republic, are inconsistent with sections 9 and 25 of the Constitution. The exclusionary provision creates arbitrary and unfair discrimination between holders of different categories of land tenure rights, lacks any rational basis, and perpetuates apartheid-era territorial distinctions. The exclusion also results in arbitrary deprivation of property, as the Trust and…
Source excerpt
- Equality Clause
- Arbitrary Deprivation Of Property
- Upgrading Of Land Tenure Rights Act
- Statutory Interpretation
- Severance Of Unconstitutional Provisions
- Confirmation Proceedings