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South Africa Case Law

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Administrative Law [2017] ZAFSHC 45

Life Healthcare Group (Pty) Ltd v Acting Municipal Manager: Mangaung Metropolitan Municipality and Others (5481/2016)

Life Healthcare Group (Pty) Ltd v Acting Municipal Manager: Mangaung Metropolitan Municipality and Others (5481/2016) [2017] ZAFSHC 45 (16 March 2017)

Court
Free State High Court, Bloemfontein
Case number
5481/2016
Judge
J P Daffue

The court found that the applicant failed to prove beyond reasonable doubt that either the Municipality or its Acting Municipal Manager was in contempt of the court order of 6 August 2015. The order was vague, confusing, and directed at the council rather than the Municipality or its officials. The Acting Municipal Manager established reasonable doubt by acting on legal advice regarding the applicability of SPLUMA. However, the court held that the applicant's application for rezoning, lodged before 1 July 2015, must be processed under the old regime (Townships Ordinance), and the Municipality…

Source excerpt

  • Contempt Of Court
  • Municipal Planning
  • Spatial Planning And Land Use Management Act
  • Townships Ordinance
  • Mandamus
  • Costs Orders
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Land And Property [2014] ZAFSHC 38

Basfour 2994 (Pty) Ltd v Registrar of Deeds: Bloemfontein (497/2014)

Basfour 2994 (Pty) Ltd v Registrar of Deeds: Bloemfontein (497/2014) [2014] ZAFSHC 38 (20 March 2014)

Court
Free State High Court, Bloemfontein
Case number
497/2014
Judge
J P Daffue

The court held that section 8(5) read with section 8(7) of the Free State Townships Ordinance 9 of 1969 does not prohibit contracts for the sale of land in a township to be established that are subject to suspensive conditions requiring fulfilment of statutory requirements. Such contracts do not come into force until the conditions are fulfilled, and therefore are not null and void. The Registrar of Deeds may not refuse to register transfers based on underlying deeds of sale subject to suspensive conditions once those conditions have been fulfilled. The resolution adopted at the Registrar's c…

Source excerpt

  • Townships Ordinance
  • Suspensive Conditions
  • Registration Of Transfer
  • Nullity Of Contract
  • Statutory Interpretation
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.