Legal Articles and Guides
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New evidence has been brought in a case by evicted occupiers of City of Cape Town-owned land in Makhaza, Khayelitsha. The occupiers of the 'Island' informal settlement brought an urgent application to stop the city evicting them, lodging their papers on 11 April.
A holiday resort on the Wild Coast will be demolished after a Butterworth Magistrate’s Court ruling found the place was built illegally. A Saturday Dispatch report notes the owner of Dwesa River Lodge, Nompucuko Maqubela, was found guilty of 15 charges, including building in the coastal conservation area without authorisation from the Department of Economic Development, Environmental Affairs and Tourism.
After a breakdown in negotiations, more than 70 District Six land claimants are hauling the Minister for Rural Development and Land Reform, Maite Nkoana-Mashabane, to court for failing to account for them in a restitution process plan. According to a Mail & Guardian Online report, the Land Claims Commission revealed to the District Six Working Committee that 969 claimants had not been included in plans for restitution.
An international company providing several jobs in the agricultural sector has had to go to court to remain on a farm it leased from the government after the state transferred the property to land claimants without informing the tenant. A Netwerk24 report notes Eastern Produce, a subsidiary of British company EP SA, has been in a running battle in the Land Claims Court since 2015 to stay on the farm, Wales, in the Bushbuckridge area.
Black First Land First (BLF) undertook to refrain from occupying the Rupert family’s land in an agreement that was made an order of court in the Western Cape High Court yesterday. The family sued the organisation last year to interdict it from occupying various properties in the Western Cape and was granted an interim order.
The residents of Olievenhoutbosch in Centurion will oppose the eviction of residents who are illegally occupying RDP houses meant for residents of Mooiplaas informal settlement. A News24 report says the Gauteng Department of Human Settlements approached the Gauteng High Court (Pretoria) yesterday seeking an eviction order to remove illegal occupiers from 888 low-cost houses built in Olievenhoutbosch.
A group of 24 homeless people, represented by Lawyers for Human Rights (LHR), have scored a significant victory in the Gauteng High Court (Pretoria), which ordered metro police to pay them compensation for confiscating their belonging in a clean-up operation. The court ruled that confiscation of goods was illegal.
Tycoons who have spent tens of millions to live in Clifton, on Cape Town’s Atlantic Seaboard, have filed papers in the Western Cape High Court challenging a city council decision to sell 5ha of prime coastal land between Clifton and Camps Bay for R1bn, according to a Sunday Times report.
The Western Cape High Court has heard an application for leave to appeal against a judgment shutting down the five-star Green Point Cape Royale Hotel for contravening a municipal by-law. The administrator of the hotel body corporate‚ Simon Woolley, of Noland Forensics‚ sued the developer‚ Paschal Phelan‚ for contravening zoning regulations, notes a TimesLIVE report.
The SCA has heard a land claims case concerning one of SA’s richest schools. The Hilton College Estate in KZN is at the centre of a claim under the Land Reform (Labour Tenants) Act of 1996 by tenants who were born there and worked at the school, says a Weekend Argus report.
Another massive land claim has rocked Pretoria, with the Amandebele a Moletlane wanting at least 60% of the capital city, including the prime location where Wonderboom National Airport is built.
The North West High Court (Mahikeng) will soon hear an application by Transnet to evict more than 40 informal traders from land it claims to own, reports GroundUp. The informal traders, represented by the Socio-Economic Rights Institute, will raise a novel defence that could radically alter the circumstances in which the state may evict informal traders.
Although short on detail of how it might be achieved, President Cyril Ramaphosa insisted expropriation of land without compensation would be implemented in a way that would not damage the economy or compromise food security, notes Legalbrief.
Johannesburg Mayor Herman Mashaba is tackling inner-city rejuvenation, leading raids on derelict buildings and condemning crime and undocumented foreigners – and now he’s prepared to test the Constitution on expropriation, notes Legalbrief. According to a Daily Maverick report, his spokesperson Tony Taverna-Turisan said the city had identified 300 hijacked buildings and was investigating launching civil proceedings to take control of 48.
Parliament has backed a watered down EFF motion to carry out land expropriation without compensation, a key pillar of the ANC government and new President Cyril Ramaphosa. The motion, which would include a review of the Constitution, was sponsored by EFF leader Julius Malema and was passed by an overwhelming majority of 241 votes to 83.