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September 30 2022
SCA invalidates by-laws restricting the transfer of immovable property
In Govan Mbeki Local Municipality and Another v Glencore Operations South Africa (Pty) Ltd and Others, the Supreme Court of Appeal (SCA) had to determine the constitutionality of section 76 of the Govan Mbeki Spatial Planning and Land Use Management By-law of 2016, and section 86 of the Emalahleni Municipal By-law on Spatial Planning and […]
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May 24 2021
Subdivision of agricultural properties could assist land reform programme
A judgment of the Gauteng high court on August 20 seems to have slipped by unnoticed, though it could have important implications for SA’s land reform programme. In the matter between Freedom From Interest and the agriculture, land reform & rural development minister and SA president, judge Selby Baqwa ordered as follows: The minister was […]
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December 10 2020
Questioning developers’ levy liability in new township HOA development
There are fairly regular incidences of judgments where developers question their liability for owner levies in respect of erven in townships opened on large parcels of land they own. Here, we look at a the outcome of a recent judgment dealing with the above question, to assist developers and their legal teams to better anticipate […]
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October 26 2018
On 18 June 2010 the Constitutional Court delivered judgment in an application by the City of Johannesburg Metropolitan Municipality (the City) for the confirmation of an order made by the Supreme Court of Appeal, declaring Chapters V and VI of the Development Facilitation Act 67 of 1995 (the Act) unconstitutional and thus invalid. The City […]
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