Van Rensburg NO and Another v MEC for Housing, Local Government and Traditional Affairs, Eastern Cape province and Others (3399/2010, 3498/2010)
Van Rensburg NO and Another v MEC for Housing, Local Government and Traditional Affairs, Eastern Cape province and Others (3399/2010, 3498/2010) [2012] ZAECPEHC 82 (23 November 2012)
The court found that the MEC's decision to remove the restrictive title deed conditions was materially influenced by errors of law, including the mistaken belief that zoning scheme regulations override title deed conditions. The restrictive conditions were praedial servitudes benefiting all erven in the area, and their removal constituted an arbitrary deprivation of property rights under section 25 of the Constitution. The MEC failed to properly consider relevant objections, relied on irrelevant considerations, and did not demonstrate that removal was desirable in the public interest or for t…
Source excerpt
- Promotion Of Administrative Justice Act
- Removal Of Restrictive Conditions
- Praedial Servitude
- Arbitrary Deprivation Of Property
- Zoning Scheme Conflict
- Functus Officio