Radebe v Eastern Transvaal Development Board; Mthethwa v Eastern Transvaal Development Board; Jele v Eastern Transvaal Development Board (431/86,429/86,430/86)
Radebe v Eastern Transvaal Development Board; Mthethwa v Eastern Transvaal Development Board; Jele v Eastern Transvaal Development Board (431/86,429/86,430/86) [1988] ZASCA 8; [1988] 2 All SA 271 (A) (11 March 1988)
The Supreme Court of Appeal held that the appellants failed to allege or prove any facts establishing a right to remain in occupation under the regulations governing Black residential areas. Their answering affidavits contained only legal conclusions, not the necessary factual averments. The regulations do not abolish the owner's common law right to vindicate possession; rather, the statutory procedures for eviction are cumulative and do not replace the rei vindicatio. Regulation 15(4)(b) confers a right on the superintendent to apply for eviction, but does not preclude the owner from exercis…
Source excerpt
- Rei Vindicatio
- Statutory Eviction Procedure
- Black Communities Development Act
- Regulations On Black Residential Areas
- Pleading Requirements