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South Africa Case Law

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Land And Property [2023] ZALCC 18

Van Der Meulen v Dladla and Others (LCC264/2016)

Van Der Meulen v Dladla and Others (LCC264/2016) [2023] ZALCC 18 (26 May 2023)

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.

  • Restitution Of Land Rights Act
  • Variation And Rescission Of Orders
  • Contempt Of Court
  • Grazing Rights
  • Esta Occupier Rights
  • Rescission-of-orders
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Civil Procedure [2022] ZACC 10

Baloyi N.O. and Others v Pawn Stars CC and Another (CCT 15/21)

Baloyi N.O. and Others v Pawn Stars CC and Another (CCT 15/21) [2022] ZACC 10; 2022 (12) BCLR 1431 (CC) (15 March 2022)

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…

  • Uniform Rules Of Court Rule 46a
  • Consent Orders
  • Jurisdiction Of Constitutional Court
  • Variation And Rescission Of Orders
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Constitutional Law [2011] ZACC 8

Residents of Joe Slovo Community, Western Cape v Thebelisha Homes and Others (CCT 22/08)

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)

The Constitutional Court discharged a prior supervised eviction order for the Joe Slovo settlement, finding changed circumstances made it no longer just and equitable.

  • Eviction Orders
  • Just And Equitable Remedies
  • Section 26 Right To Housing
  • Variation And Rescission Of Orders
  • Meaningful Engagement
  • Prevention Of Illegal Eviction Act
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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.