South Africa Case Law

Magnificent Mile Trading 30 (Pty) Limited v Charmaine Celliers NO and Others (CCT157/18)

Magnificent Mile Trading 30 (Pty) Limited v Charmaine Celliers NO and Others (CCT157/18) [2019] ZACC 36; 2020 (1) BCLR 41 (CC); 2020 (4) SA 375 (CC) (9 October 2019)

Court

Constitutional Court

Case number

CCT 157/18

Judges

Cameron, Froneman, Jafta, Khampepe, Ledwaba, Madlanga, Mhlantla, Nicholls, Theron

The Constitutional Court held that the unused old order right held by Mr Gouws was a transmissible asset in his estate and did not terminate upon his death. The right continued to exist in law under item 8(3) of Schedule II to the MPRDA until the application for a prospecting right was granted or refused. The award of a prospecting right to Magnificent Mile Trading 30 (Pty) Ltd was invalid, as it was made while Mr Gouws' application was still pending and had not been decided. The Oudekraal rule does not apply to obliterate a pre-existing statutory right that does not owe its existence to the…

Source excerpt

• Mineral And Petroleum Resources Development Act
• Transmissibility Of Rights
• Oudkraal Rule
• Collateral Challenge
• Administrative Action Review
• Succession And Estates

Webb v Davis NO and Others (311/96)

Webb v Davis NO and Others (311/96) [1998] ZASCA 10; 1998 (2) SA 975 (SCA); [1998] 2 All SA 584 (A) (17 March 1998)

Court

Supreme Court of Appeal

Case number

311/96

Judges

Mahomed, Marais, Zulman, Plewman, Melunsky

The Supreme Court of Appeal held that a testamentary bequest vested immediately, with payment and bond-registration terms treated as a modus, not suspensive conditions.

• Testamentary Interpretation
• Vesting Of Bequests
• Transmissibility Of Rights
• Suspensive And Resolutive Conditions
• Testamentary-interpretation
• Vesting-of-bequests