arbitrary deprivation of property Archives

Property rights considered: Majority & dissenting judgments

by GilesFiles | Nov 19, 2024 | 2020 onwards, 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, ConCourt judges, Constitutional Court, Costs, Courts, Declaratory, Disallowed, Evidence & onus, Government, Interpretation etc, Judges, Jurisdiction & powers, Landmark judgments, leave to appeal, Legal Practice, Legality principle, Legislation, Local, OL Rogers, Orders, Parties, Sectors, State organs, Statutory, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Deprivation of property: Operation of law

by GilesFiles | Mar 31, 2023 | 2020 onwards, Appeals, Appeals - leave, Bill of Rights, Causes and defences, Costs, Courts, Disallowed, DN Unterhalter, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, SCA judges, Sectors, Statutory, Supreme Court of Appeal, Topics | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Returning cattle progeny: Cancellation of sale

by GilesFiles | Apr 8, 2021 | 2020 onwards, Agriculture, Allowed, Appeals, Appeals - leave, Applications, BCEA 77(3) & 77A(e), Bill of Rights, Causes and defences, Courts, Declaratory, High Court, High Court judges, Interpretation etc, Judges, Legal Practice, Legislation, Orders, Parties, Private enterprises, Roman Dutch law, Sectors, Topics | 0 |

Remhoogte CC v Jacob Durr Trust Considering returning cattle progeny a full bench of the high court decided that to allow a ‘mala fide possessor the right of retention, would in my view encourage abuse and self-help as it...

Sectional title owners: Disagreement within body corporate

by GilesFiles | Apr 24, 2019 | 2019, 2019, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, ConCourt judges, Constitutional Court, Courts, Judges, Landmark judgments, Legislation, Parties, Sectors, Topics | 0 |

Spilhaus Property Holdings (Pty) Ltd v MTN Sectional title owners entitled to enforce their rights to protect their best interests just like the neighbours. “The notion of two claims arising from the common facts is...

Unregistered union interdicted: Property rights infringed

by GilesFiles | Mar 4, 2019 | 2019, Bill of Rights, Causes and defences, Collective Bargain (LRL 5), Courts, Judges, Jurisdiction & powers, Labour Court, Labour Court judges, Labour Relations, Legal Practice, LRA 1995, LRA 3: 11-63 Bargain, Organisations (LRL 4), Parties, Resolving disputes (LRL 3), RGO Lagrange, Sectors, Statutes (LRL 2)-work, Topics, Trade unions | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Doctrine of vagueness: Common law exercise of public power

by GilesFiles | Jun 7, 2018 | 2018, Bill of Rights, Causes and defences, Central, ConCourt judges, Constitutional Court, Courts, JC Froneman, Judges, Legislation, Parties, Sectors, Topics | 0 |

Minister of Safety and Security v SA Hunters & Game Conservation Association The constitutional court considered the doctrine of vagueness and clarified that a rationality review is concerned with evaluating a relationship...

Municipal debts: Registered transfer ends property charge

by GilesFiles | Aug 29, 2017 | 2017, 2017, Bill of Rights, Causes and defences, Constitutional Court, Edwin Cameron, Interpretation etc, Landmark judgments, Municipal | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Substantial interference: Arbitrary deprivation of rights

by GilesFiles | Jul 24, 2017 | 2017, Constitutional Court, Courts, SV Khampepe | 0 |

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

Deprivation of property: Sale in execution constitutional

by GilesFiles | Feb 16, 2017 | 2017, A G Binns-Ward, Bill of Rights, Consumer protection, Courts, High Court, High Court judges, Judges, Topics | 0 |

“The introduction of a requirement that a sale in execution had to be subject to a market value related reserve price might have some societal value. One thinks particularly in this regard of sales of immovable property that is...

Historical debt and arbitrary deprivation of property

by GilesFiles | Nov 7, 2016 | 2016, Bill of Rights, Community schemes, Courts, High Court, High Court judges, Judges, Sectors, State Owned Enterprises, Statutes (LRL 2)-work, Topics | 0 |

Jordaan v City of Tshwane Metropolitan Municipality; New Ventures Consulting & Services (Pty) Ltd v City of Tshwane Metropolitan Municipality; Livanos v Ekurhuleni Metropolitan Municipality; Oak Plant Rentals (Pty) Ltd v...

Deemed property destruction: Body corporate section

by GilesFiles | Jul 8, 2016 | 2016, BC and HOAs, Bill of Rights, Causes and defences, Community schemes, Courts, High Court, High Court judges, Judges, Parties, philosophy / economics, Sectors, Topics | 0 |

Harbour Terrace Body Corporate v Minister of Public Works (2556/2016) [2016] ZAWCHC 87; [2016] 3 All SA 766 (WCC) (8 July 2016) The high court declined to grant an order in terms of s 48 of the Sectional Titles Act (STA) to the...

Arbitrary deprivation: Sectional title endowments

by GilesFiles | Jan 10, 2016 | ABB - Fairness principle or concept, Bill of Rights, Causes and defences, Community schemes, Courts, Judges, Legislation, Public policy, Topics | 3 |

Some sectional title schemes have a management rule preventing the sale of a unit without a clearance certificate relating to an ‘endowment’. [For an example see below]. The clearance certificate will only be...

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