Land – Land Reform – calculation of just and equitable compensation to owner for land awarded to labour tenant – proper evaluation of factors including market value – owner aware of labour tenant’s claim when land purchased for development – claim a pre-existing impediment affecting development potential -Pointe Gourde principle not of application.
Media Summary
Claim for re-transfer of property – a debt as contemplated in Chapter III of the Prescription Act – whether reversionary clause creates a limited real right or a personal right – right not absolute but a relative one and only enforceable against a class of individuals – prescription affects the contractual right to claim re-transfer – claim prescribed.
Media Summary
Practice: Civil Procedure: extinctive prescription: claim by bank for payment of a debt arising from loan agreement: mortgage bond registered over a notarial lease: lease cancelled and thus security falling away: debt no longer secured: period of prescription running from date when amount payable under the loan became due as envisaged in s 12(1) of the Prescription Act 68 of 1969.
Media Summary
Refugees Act 130 of 1998 : decision to close refugee reception office under s 8(1) : challenged for want of rationality : decision-maker not taking into account relevant considerations, not complying with the empowering provision, acting with ulterior and improper purpose and making error of law.
Media Summary
Securities Services Act 36 of 2004 – proceedings before enforcement committee – not in the nature of criminal proceedings – civil standard of proof applies – administrative penalties imposed by enforcement committee – not in the nature of a penal sanction.
Media Summary
Municipality providing a beachside facility of a pool with slides – whether legal duty on Municipality to provide supervision or access control – whether Municipality negligent – foreseeability.
Media Summary
Asylum seekers in terms of the Refugees Act 130 of 1998 may not, while they are in the country, apply for a visa in terms of s 10(2) of the Immigration Act 13 of 2002, read with regulation 9(2) of the Immigration Regulations.
Media Summary
National Forests Act 84 of 1998 – ss 3(3)(a), 7(1)(a) and 7(4) – licence to carry out prohibited activities in a natural forest – meaning of ‘natural forests must not be destroyed save in exceptional circumstances’ – nature of discretion – rigid adherence to policy – improper exercise of discretion – refusal of licence – review of decision.
Media Summary