Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Land And Property [2014] ZASCA 56

City of Cape Town v Arun Property Developments (Pty) Ltd (943/12)

City of Cape Town v Arun Property Developments (Pty) Ltd (943/12) [2014] ZASCA 56 (16 April 2014)

Court
Supreme Court of Appeal
Case number
943/12
Judges
Navsa, Ponnan, Theron, Willis, Mathopo

The Supreme Court of Appeal held that section 28 of LUPO does not amount to expropriation and does not entitle the owner to compensation for excess land vested in the local authority upon subdivision. The majority judgment in Helderberg Park Development is binding and establishes that the vesting is limited to the normal need arising from the development, and any dispute regarding excess land should be addressed through administrative remedies such as appeal or review. The court found no factual basis for the existence of excess land and held that the administrative decision approving the sub…

Source excerpt

  • Land Use Planning Ordinance
  • Vesting Of Public Streets
  • Compensation For Expropriation
  • Judicial Precedent
  • Administrative Review
Read case analysis
Land And Property [2012] ZAWCHC 399

Arun Property Development (Pty) Ltd v City of Cape Town (7964/01)

Arun Property Development (Pty) Ltd v City of Cape Town (7964/01) [2012] ZAWCHC 399 (31 October 2012)

Court
Western Cape High Court, Cape Town
Case number
7964/01
Judge
Dlodlo

The court held that the excess land designated as public streets, which exceeds the normal needs arising from the subdivision, vested in the City of Cape Town in terms of section 28 of LUPO. However, the court found that Arun is entitled to compensation for the excess land, as the vesting was not based on normal need nor in accordance with a policy determined by the Administrator. The compensation must be calculated in terms of the Expropriation Act, 63 of 1975. The court distinguished the present case from Helderberg Park Development (Pty) Ltd, noting that no condition requiring gratis cessi…

Source excerpt

  • Land Use Planning Ordinance
  • Vesting Of Public Streets
  • Compensation For Expropriation
  • Structure Plan Policy
  • Expropriation Act
  • Stare Decisis
Read case analysis

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.