Van Der Meulen v Dladla and Others (LCC264/2016) [2023] ZALCC 18 (26 May 2023)
Court
Land Claims Court
Case number
LCC264/2016
Judge
Flatela
The Land Claims Court dismissed an application to rescind or vary an interdict about grazing rights and access, finding no good cause for delay or any prospect of success.
The Constitutional Court held that its jurisdiction was not engaged because the alleged constitutional issue regarding the applicability of rule 46A to property owned by juristic persons or trusts was immaterial to the decision of the lower court. The High Court had accepted the applicability of rule 46A but dismissed the application on other grounds. The applicants failed to demonstrate any basis for variation or rescission of the consent order under rule 42 or the common law, and did not allege any factors that would have prevented the granting of the consent order had rule 46A been applied…
Residents of Joe Slovo Community, Western Cape v Thebelisha Homes and Others (CCT 22/08) [2011] ZACC 8; 2011 (7) BCLR 723 (CC) (31 March 2011)
Court
Constitutional Court
Case number
CCT 22/08
Judges
Ngcobo, Moseneke, Cameron, Froneman, Jafta, Khampepe, Mogoeng, Mthiyane, Nkabinde, Van der Westhuizen, Yacoob
The Constitutional Court discharged a prior supervised eviction order for the Joe Slovo settlement, finding changed circumstances made it no longer just and equitable.