Tag Archives: First Term 2014

Isabel Joyce Florence v The Government of the Republic of South Africa

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Case No. Lower Court Judgments Hearing Date
CCT 127/13 Land Claims Court, 4 Jun. 2013
SCA, 13 Sep. 2013		 18 Feb. 2014

By Duncan Wild on 23 March 2014

The primary question in this case is whether it is appropriate to use the consumer price index (“CPI“) to adjust past loss into present day monetary value for the purposes of financial restitution under the Restitution of Land Rights Act 22 of 1994 (“the Restitution Act“). A secondary question relates to whether a court can order the State to pay for construction of a memorial plaque as a form of symbolic relief. Continue reading →

Jabulani Zulu and 389 Others v Ethekwini Municipality and Others

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Case No. Lower Court Judgments Hearing Date
CCT 108/13 KwaZulu Natal High Court, 28 Mar. 2013 12 Feb. 2014

By Stuart Scott on 11 February 2014

The principal issue in this appeal is the constitutionality of a court order granted by Koen J in the High Court on 28 March 2013 (“the March 2013 order”).  The March 2013 order was obtained by the first respondent (“the MEC”) in relation to the second respondent (“the Municipality”) and the third respondent (“the Minister of Police”). Continue reading →

Mhlanganisweni Community v Minister of Rural Development and Land Reform and Others

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Case No. Lower Court Judgments Hearing Date
CCT 111/12 Land Claims Court, 19 Apr. 2012 11 Feb. 2014

By Michael Mbikiwa on 10 February 2014

This case concerns the meaning of “feasibility” in section 33(cA) of the Restitution of Land Rights Act 22 of 1994 (the “RLRA”) and, in particular, the circumstances in which restoration is a feasible method of restitution. Restitution of land rights under the RLRA can occur either by actual restoration of land, or by equitable redress. Equitable redress comprises the granting of a right in alternative state-owned land, the payment of compensation, or a combination of both. Continue reading →

Cool Ideas 1186 CC v Christine Hubbard and Another

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Case No. Lower Court Judgments Hearing Date
CCT 99/13 Gauteng Division of the High Court, Johannesburg
SCA, 28 May 2013		 5 Feb. 2014

By Duncan Wild February 2014

The issue in this case involves the correct interpretation of section 10 of the Housing Consumers Protection Measures Act 95 of 1998 (“Housing Consumers Act“), and, second, whether a contravention of its provisions of the may be used to resist enforcing an arbitral award.  Continue reading →

The Minister of Defence and Military Veterans v Maomela Moreti Motau & Others

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 Case No.  Lower Court Judgments  Hearing Date
 CCT 133/13 Gauteng Division of the High Court, Pretoria 17 Feb. 2014

By Nurina Ally on 1 February 2014

The Constitutional Court has previously commented that the characterisation of a particular decision as being of an administrative nature is “something of a puzzle”.  In Motau, the Court is being asked to decipher one dimension of that puzzle.

The case concerns the scope of judicial review and raises the question of when conduct by an executive functionary should be characterised as administrative action. Continue reading →

Turnbull-Jackson v Hibiscus Coast Municipality and Others

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 Case No.  Lower Court Judgments  Hearing Date
 CCT 104/13 KwaZulu-Natal High Court, 26 Sep. 2012 
 4 Feb. 2014

By Michael Dafel on 27 January 2014

This matter arises out of a decision of the Hibiscus Coast Municipality to approve building plans submitted by Pearl Star Investments who seeks to develop their property for commercial gain.  Adjacent to the developer’s property is Mr Turnbull-Jackson’s property.  Mr Turnbull-Jackson is aggrieved by the approval of the building plans as he alleges that the building will cut off his ocean view causing his property value to decrease.

Mr Turnbull-Jackson sought to have the approved building plans set aside in the Pietermaritzburg High Court on various grounds.  The application was unsuccessful, and the Supreme Court of Appeal refused leave to appeal. Continue reading →

J v The State

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 Case No.  Lower Court Judgments  Hearing Date
 CCT 114/13  Western Cape High Court, 21 Aug. 2013 6 Feb. 2014

By Duncan Wild on 3 January 2013 The case involves a confirmation of a finding by the Western Cape Division of the High Court of South Africa, Cape Town (“Cape Town High Court“) that section 50(2) of the Criminal Law (Sexual Offences and Related Matters) Amendment Act 32 of 2007 (“Sexual Offences Act“) was unconstitutional.  The section provides that the details of a person convicted of a sexual offence under the Sexual Offences Act must be entered into the National Register of Sexual Offenders (“Register“). Continue reading →