South Africa Case Law

Bhana N.O. and Another v Gihwala and Others (LCC 07/2012)

Bhana N.O. and Another v Gihwala and Others (LCC 07/2012) [2014] ZALCC 18 (4 July 2014)

Court

Land Claims Court

Case number

LCC 07/2012

Judge

Canca

The court found that the application was brought within the 180-day period prescribed by PAJA, as the applicants only became aware of the administrative action when notified of the registration of transfer in favour of the first respondent. The will of Mrs Jelli Bhana, which bequeathed her entire estate to the second applicant, was sufficiently broad to include the right to restitution, and section 2(3)(a) of the RLRA does not require express reference to the land claim. The purported cession of the land claim to the first respondent was invalid, as land claims are personal and not capable of…

Source excerpt

• Restitution Of Land Rights Act
• Review Of Administrative Action
• Succession And Land Claims
• Group Areas Act Dispossession
• Locus Standi
• Time Bar Under Paja

Friends of the Seven Dams Conservanct v MEC for Economic Development, Tourism and Environmental Affairs: Free State and Others (A209/2011)

Friends of the Seven Dams Conservanct v MEC for Economic Development, Tourism and Environmental Affairs: Free State and Others (A209/2011) [2012] ZAFSHC 49 (22 March 2012)

Court

Free State High Court, Bloemfontein

Case number

A209/2011

Judges

A.F. Jordaan, J.Y. Claasen

The court dismissed a PAJA review as time-barred, holding that the 180-day period ran from conclusion of the internal appeal. The merits also failed.

• Judicial Review
• Time Bar Under Paja
• Environmental Authorisation
• Internal Remedies
• Condonation For Delay
• Administrative-law