PME Business Enterprise and Others v Block 17, GA-Seaphole concerned community residents (HCAA01/2016)
PME Business Enterprise and Others v Block 17, GA-Seaphole concerned community residents (HCAA01/2016) [2021] ZALMPTHC 5 (8 July 2021)
The majority held that the appellants' extension of farming activities and fencing of fifty hectares of communal land was done without proper community consent, rendering the Permission to Occupy (PTO) invalid under IPILRA. The court found no basis to interfere with the first instance decision declaring the PTO null and void, ordering removal of the fence, and prohibiting further farming on the disputed land. Costs orders against the appellants for the main appeal, taxation review, Rule 7 and 15 applications, and the variation application were confirmed, as the appellants initiated or opposed…
Source excerpt
- Permission To Occupy
- Communal Land Rights
- Interim Protection Of Informal Land Rights Act
- Costs Orders
- Taxation Review
- Supplementary Affidavit Procedure