Legal Articles and Guides
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Gauteng Judge President Dunstan Mlambo has ordered a full Bench to sort out the tangle of inconsistent home repossession judgments, reports GroundUp. The landmark case to decide how banks should deal with home repossessions will now be heard on 28 and 29 August in the Gauteng High Court (Johannesburg). Mlambo also wants the court to establish under what circumstances judges should set reserve prices on repossessed homes.
Residents facing eviction from their homes in Woodstock were entitled to challenge the City of Cape Town's housing plan, the Western Cape High Court has ruled. The residents believe the city has gone against its own policy by excluding them and others from two sites near the CBD earmarked for transitional housing sites, says GroundUp.
The Constitutional Court has reserved judgment in a case involving the future of 12 poor Cape Town residents facing eviction from homes they have been living in for nearly two decades, says a Cape Times report. The residents had bought the houses through the Cape Town Community Housing Company (CTCHC) – a social housing development company wholly owned by the National Housing Finance Corporation, and formed to administer the delivery of houses in the city.
As the ANC prepares legislative changes to speed up land reform, the government has identified the first 139 farms to be expropriated. Party insiders who attended the two-day lekgotla of the party’s national executive committee (NEC) last week, the ANC’s highest decision-making body gave details of the legislative plans and the expropriation ‘guinea pig’ scheme, says a Sunday Times report.
The ANC’s planned constitutional amendment will not make ‘one iota of difference’ to fixing the land shambles, according to one of SA’s leading experts on land reform. ‘I am not interested in whether the Constitution changes,’ said Ruth Hall of the Institute for Poverty, Land and Agrarian Studies at the University of the Western Cape. This was because section 25 of the Constitution already gave the government a mandate for transformation, but it had set out to achieve the opposite.
South Africans of Khoisan heritage want a ceremonial handover of all land in the country to their community before the government moves forward with land expropriation without compensation, says a Times Select report. ‘Why is everyone else talking about the land and everyone is silent about the first nation people? When everybody came here, they found our forefathers here,’ said Anthony Williams from the Indigenous First Nation Advocacy SA.
‘Land reform has failed rural people, and it has never been an urban programme. It has failed people because it has not redistributed or restituted land on the scale promised nor has it given rural and urban people with little access to productive resources and insecure tenure what they need from land reform,’ say land researchers Donna Hornby and Lauren Royston.
An interdict against members of the Bo-Kaap community, blocking them from interfering with Blok developers, has been withdrawn, notes the Cape Argus. The interdict, issued during increasing protests within the community, prohibited anyone from going near the development and cited violent acts committed by civic organisations as part of the reason for the interdict.
Illegal invaders occupying school land in Heideveld are for now protected from eviction after the Western Cape High Court granted them a stay but also prevented additional people from squatting on the land. A Cape Argus report says more than 100 Heideveld backyarders on the housing list invaded vacant land behind Cathkin High School and erected shacks on the land.
LANDLORD vs TENANT: CONSIDER THE TRIBUNAL DISPUTE RESOLUTION OPTION
Trevor Manuel, former Finance Minister and one of four investment envoys appointed by President Cyril Ramaphosa to sell SA to investors, said yesterday that explaining SA’s ongoing land debate had been tougher than expected. ‘Communicating this (issue), I think, is a bigger challenge than what we thought,’ said Manuel, adding that land was a ‘complex’ and ‘unresolved matter’.
Zulu King Goodwill Zwelithini told scores of loyal supporters yesterday that they must not allow themselves to be further provoked by the proposed scrapping or amendment of the controversial Ingonyama Trust Act. He was speaking in Ulundi at a land imbizo that he had called, notes a report on the IoL site.
A community on the KZN south coast is taking on the Ingonyama Trust Board over what it says is the illegal sale of its land, according to a Business Day report. Members of the Luthuli clan, who once administered leases in the area through the Umnini Trust, have given the Ingonyama Trust and Inkosi Phathisizwe Luthuli an ultimatum to stop selling their land or they will head to court over the matter.
Rural Development and Land Reform Minister Maite Nkoana-Mashabane is seeking leave to appeal the Land Claims Court judgment awarding 26 farms to the Prudhoe community in Peddie on the basis that it offended some farmers’ individual property rights.
Sophia de Villiers, a magistrate, asked the Western Cape High Court to send her neighbour, Anthony Kruger, to prison for ignoring the court’s instruction to remove the garden he planted outside his and his neighbour’s properties in Paarl. But a frustrated Judge Nolwazi Boqwana declined to do so, and scolded De Villiers and Kruger for letting their dispute get out of hand.