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Property Law

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Cape Town protesters interdicted over site invasion

By Juta and Company (Pty) Ltd Published on Friday, 07 December 2018
Tags: #Civil Rights #Litigation #Property Law
An order of the Western Cape High Court brought protest action by Reclaim the City (RTC) on Site B in the Cape Town inner city to an abrupt end this week. According to a News24 report, as the housing activists were settling in for their first night in shacks they had erected that morning, police officers arrived and read the interdict out loud.

Buying Property this Festive Season? Check the Title Deed First!

By Ashersons Attorneys Published on Wednesday, 05 December 2018
Tags: #Property Law
If cowboy Will Rogers’ practical advice “Don’t wait to buy land, buy land and wait” has you looking for a property to buy this Festive Season, don’t miss out on an invaluable source of relevant information – the title deed. What you find in the title deed of your prospective purchase could make or break your decision to buy it, and it will certainly impact on how much you want to offer. We’ll tell you what a title deed is, why it’s important to check it before you make an offer, and what you should look for once you have it.

Court rules against Ingonyama Trust on ownership

By Juta and Company (Pty) Ltd Published on Monday, 03 December 2018
Tags: #African Customary Law #Civil Rights #Litigation #Property Law
Zulu King Goodwill Zwelithini’s Ingonyama Trust was on the receiving end of a decision by the Land Claims Court, when it ruled his ‘subjects’ were entitled to hold land in their names if they so wish. According to Rapport, the Ingonyama Trust intervened in a successful land claim by Zulu communities over 11 000ha of land adjacent to the trust land.

Constitutional change to be debated after court win

By Juta and Company (Pty) Ltd Published on Monday, 03 December 2018
Tags: #Constitutional Law #Litigation #Property Law
The Western Cape High Court has dismissed AfriForum's urgent application to have MPs interdicted from moving to adopt Parliament's Constitutional Review Committee report on the amendment on the Constitution to make way for land expropriation without compensation in what ANC MP Vincent Smith described as ‘a victory for South Africans’.

ConCourt rules in favour of Mitchells Plain residents

By Juta and Company (Pty) Ltd Published on Monday, 03 December 2018
Tags: #Civil Rights #Constitutional Law #Litigation #Property Law
Mitchells Plain residents who have been fighting a social housing company in order to keep the roofs over their heads have come out victorious in the Constitutional Court, says a Cape Times report. The court unanimously found that the Cape Town Community Housing Company's (CTCHC) cancelling of instalment sale agreements of 12 Wood Ridge residents to be unlawful.

SCA dismisses appeal against apartment block construction

By Juta and Company (Pty) Ltd Published on Friday, 30 November 2018
Tags: #Civil Rights #Litigation #Property Law
Fresnaye businessman Allan Tavakoli has lost his legal challenge to block the construction of the newest ultra-luxury development along the Atlantic Seaboard. A Cape Times report says the SCA has dismissed Tavakoli’s appeal against the building plans of a R1bn apartment complex called Bantry Hills.

Groundbreaking judgment on right to access land

By Juta and Company (Pty) Ltd Published on Thursday, 29 November 2018
Tags: #Civil Rights #Litigation #Property Law
Historically disadvantaged Karoo residents have been vindicated by a landmark SCA judgment which found they have a right to access land their ancestors first occupied more than 200 years ago, says a Cape Times report. Rural labourers and schoolchildren in Grootkraal, Oudtshoorn, were confronted with losing the land after Kobot Business Trust bought it in 2010, and decided to develop the land into a game farm for commercial purposes.

Court orders power reconnection for disabled

By Juta and Company (Pty) Ltd Published on Thursday, 29 November 2018
Tags: #Civil Rights #Litigation #Property Law
The KZN High Court (Durban) has granted an order against the provincial Department of Social Development and the eThekwini Municipality after the electricity for the Enduduzweni Centre for the Disabled in Umlazi was disconnected. GroundUp says the centre had been without electricity for two weeks, with residents using fire to prepare meals.

Full Bench to hear constitutional amendment challenge

By Juta and Company (Pty) Ltd Published on Tuesday, 27 November 2018
Tags: #Constitutional Law #Litigation #Property Law
A full Bench of judges will hear AfriForum's case in which the lobby group is seeking to bar Parliament from debating a report calling for the amendment of the Constitution to allow for expropriation of land without compensation. The matter will be heard in the Western Cape High Court (Cape Town) on Thursday.

Minister ordered to work on District Six restitution

By Juta and Company (Pty) Ltd Published on Tuesday, 27 November 2018
Tags: #Constitutional Law #Litigation #Property Law
Judge Jody Kollapen, of the Western Cape High Court, yesterday ordered the Minister of Rural Development & Land Reform to start work immediately on a restitution plan for people evicted from District Six during apartheid. A News24 report notes the court heard that the claimants had lodged their application by the end of the first land restitution deadline of 31 December 1998.

Lawyer celebrates victory over 'corporate power'

By Juta and Company (Pty) Ltd Published on Monday, 26 November 2018
Tags: #Litigation #Property Law
Leading attorney Billy Gundelfinger is celebrating success in a fight with the City of Cape Town and its contracted developers to stop the sale of a heritage site in Maiden’s Cove. A Weekend Argus report notes Gundelfinger was an applicant in his personal capacity and also as a committee member of the Clifton Bungalow Owners Association.

Landmark ruling changes face of mining regulation

By Juta and Company (Pty) Ltd Published on Friday, 23 November 2018
Tags: #Civil Rights #Litigation #Property Law
A landmark ruling not only gives the Eastern Cape community of Xolobeni the right to refuse mining in the pristine Wild Coast area but will extend this power to any community under customary law, according to a Business Day report. More than 15 years of fierce dispute over the potential mining of the titanium-rich dunes in the impoverished area culminated in Judge Basson ruling yesterday that Mining Minister had no lawful authority to grant a mining right to an Australian company unless ‘full and informed’ consent had been obtained from the surrounding community.

Your land is safe, Minister tells traditional leaders

By Juta and Company (Pty) Ltd Published on Monday, 19 November 2018
Tags: #Property Law
As the land debate gains intensity ahead of the decision to amend the Constitution to facilitate expropriation without compensation, Co-operative Governance & Traditional Affairs (Cogta) Minister Zweli Mkhize has assured traditional leaders that their land is safe, notes Legalbrief.

Farm worker wins battle against property magnate

By Juta and Company (Pty) Ltd Published on Monday, 19 November 2018
Tags: #Litigation #Property Law
In what a Weekend Argus report calls a David versus Goliath legal wrangle, retired farm worker John Damons won a case in the Western Cape High Court against property magnate Harold Johnson. Damons – who worked in the Zeven River Estate in Stellenbosch for 36 years – claimed he had been living without electricity since August after Johnson cut it off.

Legal checks on prospective tenants recommended

By Juta and Company (Pty) Ltd Published on Monday, 19 November 2018
Tags: #Property Law
Rental management company PayProp has recommended legal and personal background searches on prospective tenants, and reference checking, because of the spike in fraud in the rental property market. Falsified bank statements, employer documents and fake IDs are being used by people trying to secure a place to live, according to PayProp, which annually releases research into the rental market.

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