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Land And Property [2024] ZALMPPHC 61

Ledwaba v Provincial Commissioner SAPS (Limpopo) and Others (3488/2020)

Ledwaba v Provincial Commissioner SAPS (Limpopo) and Others (3488/2020) [2024] ZALMPPHC 61 (14 June 2024)

Court
Limpopo High Court, Polokwane
Case number
3488/2020
Judge
Kanyane AJ

The court found that the applicant was the owner of the 15 cattle impounded and sold by the SPCA at the instance of SAPS officials. The SPCA was not duly appointed as Poundmaster for the area where the cattle were impounded, and its authority to act had expired prior to the events. The impoundment and sale were therefore unlawful for want of authority and non-compliance with statutory requirements, particularly the advertisement and approval procedures under the Limpopo Pounds Act. The applicant's claim for direct constitutional relief under section 25 was barred by the principle of subsidiar…

Source excerpt

  • Impoundment Of Livestock
  • Municipal Pounds
  • Subsidiarity Principle
  • Unlawful Deprivation Of Property
  • Declaratory Relief
  • Damages Claim
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Land And Property [2019] ZAECGHC 122

Manga and Others v Minister of Police and Others (3152/2019)

Manga and Others v Minister of Police and Others (3152/2019) [2019] ZAECGHC 122 (4 December 2019)

Court
Eastern Cape High Court, Grahamstown
Case number
3152/2019
Judge
NG Beshe

The court found that the applicants failed to provide direct evidence that the police were involved in the removal or impoundment of their cattle. The third respondent acted within the law by impounding the cattle under the municipal by-law after repeated damage to crops and failed attempts to resolve the issue with the applicants. The impoundment was justified as the cattle were abandoned or left unattended, causing damage. The applicants did not suggest any alternative measures the third respondent could have taken. The court held that the impoundment was lawful and that the applicants had…

Source excerpt

  • Impoundment Of Livestock
  • Municipal By Laws
  • Unlawful Deprivation Of Property
  • Self Help
  • Constitutional Rights
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Civil Procedure [2014] ZAGPJHC 235

Midvaal Local Municipality v Meyerton Golf Club (A3038/14)

Midvaal Local Municipality v Meyerton Golf Club (A3038/14) [2014] ZAGPJHC 235 (15 October 2014)

Court
South Gauteng High Court, Johannesburg
Case number
A3038/14
Judges
Wepener, Makhanya

The court held that the appellant, a local authority, was not entitled under its by-laws to remove the respondent's advertising signs from council land without a court order. The by-laws did not contain clear and express language authorising self-help or dispossession without judicial intervention. Established legal principles, including the mandament van spolie, require restoration of possession to the despoiled party before any enquiry into rights, and prohibit self-help by any person or entity, including municipalities. The constitutional requirement of due process and the restrictive inte…

Source excerpt

  • Mandament Van Spolie
  • Self Help
  • Municipal By Laws
  • Bill Of Rights Limitation
  • Due Process
  • Unlawful Deprivation Of Property
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Administrative Law [2012] ZAGPPHC 323

Opposition to Urban Tolling Alliance and Others v South African National Roads Agency Ltd and Others (17141/2012)

Opposition to Urban Tolling Alliance and Others v South African National Roads Agency Ltd and Others (17141/2012) [2012] ZAGPPHC 323 (13 December 2012)

Court
North Gauteng High Court, Pretoria
Case number
17141/2012
Judge
LI Vorster

The court held that the applicants' grounds for review were without merit. The SANRAL Act only requires public participation regarding the physical aspects of toll road declarations, not financial details such as costs or tariffs. The notices published in the Government Gazette and newspapers were adequate to inform interested parties. The argument that tolling constitutes unlawful deprivation of property was rejected, as the tolling scheme is lawful and authorized by statute. The Constitutional Court's judgment clarified that funding policy decisions are within the executive's domain and not…

Source excerpt

  • Promotion Of Administrative Justice Act
  • Public Participation
  • Sanral Act Interpretation
  • Adequacy Of Notice
  • Unlawful Deprivation Of Property
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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.