Pub Date : 2023-11-23DOI: 10.17159/1727-3781/2023/v26i0a14715
K. Mundia, Rebeka Haimbili
It is trite that at independence in 1990 Namibia inherited a skewed land distribution system in favour of a white minority, which necessitated the newly elected government to take drastic steps to redress the historical injustices pertaining to land ownership. The steps taken to address the land issue were birthed at the first National Conference on Land in 1991. This article investigates those measures and their effectiveness or lack thereof in satisfactorily solving the land question. One of those measures is the Willing-Seller Willing-Buyer Policy (WSWB) which, together with the legislative framework on land has failed dismally in ensuring the equitable distribution of land and realising the transformative aims of the Constitution. The article identifies various challenges Namibia faces in addressing the land issue, including the difficulty in implementing a mandatory policy of expropriation of private lands without compensation in a capitalist society. It further criticises the concept of national reconciliation adopted at the first National Land Conference in that it may have deprived the country of an opportunity to holistically address the skewed land distribution system once and for all. The article finds that the major constraints to meaningful land reform in Namibia are contained in the legislative framework and policies on land, which emanate from pre-independence provisions contained in the 1982 Constitutional Principles. The article also finds that due to those inherent constraints in the legislative framework, it is impossible to realise the transformative aims of the Constitution which include, equality in land distribution. There is therefore a need to rethink land reform in Namibia. In this regard, it is imperative to infuse the concept of restorative justice in the debate of land and to compel private landowners to participate in the process of land reform.
{"title":"The Intricacies of Land Reform in Namibia: An Overview of the Land Question in Namibia 33 Years After Independence","authors":"K. Mundia, Rebeka Haimbili","doi":"10.17159/1727-3781/2023/v26i0a14715","DOIUrl":"https://doi.org/10.17159/1727-3781/2023/v26i0a14715","url":null,"abstract":"It is trite that at independence in 1990 Namibia inherited a skewed land distribution system in favour of a white minority, which necessitated the newly elected government to take drastic steps to redress the historical injustices pertaining to land ownership. The steps taken to address the land issue were birthed at the first National Conference on Land in 1991. This article investigates those measures and their effectiveness or lack thereof in satisfactorily solving the land question. One of those measures is the Willing-Seller Willing-Buyer Policy (WSWB) which, together with the legislative framework on land has failed dismally in ensuring the equitable distribution of land and realising the transformative aims of the Constitution. The article identifies various challenges Namibia faces in addressing the land issue, including the difficulty in implementing a mandatory policy of expropriation of private lands without compensation in a capitalist society. It further criticises the concept of national reconciliation adopted at the first National Land Conference in that it may have deprived the country of an opportunity to holistically address the skewed land distribution system once and for all. The article finds that the major constraints to meaningful land reform in Namibia are contained in the legislative framework and policies on land, which emanate from pre-independence provisions contained in the 1982 Constitutional Principles. The article also finds that due to those inherent constraints in the legislative framework, it is impossible to realise the transformative aims of the Constitution which include, equality in land distribution. There is therefore a need to rethink land reform in Namibia. In this regard, it is imperative to infuse the concept of restorative justice in the debate of land and to compel private landowners to participate in the process of land reform.","PeriodicalId":55857,"journal":{"name":"Potchefstroom Electronic Law Journal","volume":"125 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139243350","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-23DOI: 10.17159/1727-3781/2023/v26i0a15453
Lerato Rudolph Ngwenyama
This case note highlights the importance of access to electricity for occupiers under the Extension of Security of Tenure Act 62 of 1997 (hereafter ESTA). More importantly, the case note questions whose responsibility it is to provide ESTA occupiers with access to electricity on farmland. Moreover, it will comment on whether the Land Claims Court (hereafter LCC) got the decision right (or not). Furthermore, it provides a comment on whether the right to human dignity in section 5 of ESTA requires a dwelling on rural or peri-urban land to have access to electricity. It will also comment on whether the Sibanyoni judgment was progressive (or not) and why. The conclusion is that access to electricity is essential in modern life to enjoy adequate living conditions. A dwelling without electricity deprives an ESTA occupier of benefits such as utilising electric equipment, which is necessary for daily living. ESTA occupiers are unable to use stoves, which are crucial and safe for cooking. They are also not able to have lights, which are useful to deter criminality in their dwellings. Very importantly, ESTA occupiers' human dignity would be violated or denied to them by refusing to install electricity in their dwellings. The state therefore has a positive obligation to provide ESTA occupiers with access to electricity. Private landowners have only a negative obligation to refrain from impairing ESTA occupiers' right to access to electricity by not unreasonably refusing consent to have electricity installed by the state. The Sibanyoni judgment was progressive, among other reasons because it permitted an ESTA occupier to have electricity installed on his dwelling without the consent of the private landowner.
本案例说明强调了根据 1997 年第 62 号《延长使用权保障法》（以下简称《延长使用权保障法》）使用权人用电的重要性。更重要的是，本案例说明提出了为 ESTA 占用者提供农田用电的责任问题。此外，它还将评论土地索赔法院（以下简称 LCC）的裁决是否正确。此外，本报告还将评论 ESTA 第 5 条中的人类尊严权是否要求农村或城郊土地上的住宅必须通电。本报告还将评论 Sibanyoni 案的判决是否进步（或不进步）及其原因。结论是，在现代生活中，要享受适当的生活条件，用电是必不可少的。没有电的住宅剥夺了ESTA居住者的利益，如使用日常生活所必需的电气设备。ESTA住户无法使用炉灶，而炉灶对做饭是至关重要的，也是安全的。他们也无法使用电灯，而电灯对遏制住所内的犯罪活动是非常有用的。非常重要的是，如果拒绝在其住所安装电力，ESTA 占用者的人格尊严就会受到侵犯或被剥夺。因此，国家有积极的义务为ESTA居住者提供用电。私人土地所有者只负有消极义务，即不得无理拒绝同意由国家安装电力，从而避免损害 ESTA 占用者的用电权。Sibanyoni 案的判决是进步的，原因之一是它允许ESTA居住者在未经私人土地所有者同意的情况下在其住所安装电力设备。
{"title":"Access to Electricity for ESTA Occupiers: TM Sibanyoni and Sibanyoni Family v Van Der Merwe and Any Other Person in Charge of Farm 177, Vaalbank Portion 13 Hendrina, Mpumalanga (LCC 119/2020) [2021] ZALCC 33 (7 September 2021)","authors":"Lerato Rudolph Ngwenyama","doi":"10.17159/1727-3781/2023/v26i0a15453","DOIUrl":"https://doi.org/10.17159/1727-3781/2023/v26i0a15453","url":null,"abstract":"This case note highlights the importance of access to electricity for occupiers under the Extension of Security of Tenure Act 62 of 1997 (hereafter ESTA). More importantly, the case note questions whose responsibility it is to provide ESTA occupiers with access to electricity on farmland. Moreover, it will comment on whether the Land Claims Court (hereafter LCC) got the decision right (or not). Furthermore, it provides a comment on whether the right to human dignity in section 5 of ESTA requires a dwelling on rural or peri-urban land to have access to electricity. It will also comment on whether the Sibanyoni judgment was progressive (or not) and why. The conclusion is that access to electricity is essential in modern life to enjoy adequate living conditions. A dwelling without electricity deprives an ESTA occupier of benefits such as utilising electric equipment, which is necessary for daily living. ESTA occupiers are unable to use stoves, which are crucial and safe for cooking. They are also not able to have lights, which are useful to deter criminality in their dwellings. Very importantly, ESTA occupiers' human dignity would be violated or denied to them by refusing to install electricity in their dwellings. The state therefore has a positive obligation to provide ESTA occupiers with access to electricity. Private landowners have only a negative obligation to refrain from impairing ESTA occupiers' right to access to electricity by not unreasonably refusing consent to have electricity installed by the state. The Sibanyoni judgment was progressive, among other reasons because it permitted an ESTA occupier to have electricity installed on his dwelling without the consent of the private landowner.","PeriodicalId":55857,"journal":{"name":"Potchefstroom Electronic Law Journal","volume":"14 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139244238","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-23DOI: 10.17159/1727-3781/2023/v26i0a15896
Paul Swanepoel
White colonial ideology was produced as a result of the fractured nature of the relations – social, political and economic – between black and white in the colony of Natal. Apart from the racial tensions between warders and prisoners of different races, tensions within the colonial edifice itself – particularly between police officers and gaol officials – reveal deep divisions within the colonial state. The article is primarily based on material housed in the Pietermaritzburg Archives Repository; some quotations from The Black Peril by an imprisoned journalist, George Webb Hardy, have also been included.
{"title":"Prison Personnel in the Colony of Natal from circa 1850 to the Prison Reform Commission of 1905-1906","authors":"Paul Swanepoel","doi":"10.17159/1727-3781/2023/v26i0a15896","DOIUrl":"https://doi.org/10.17159/1727-3781/2023/v26i0a15896","url":null,"abstract":"White colonial ideology was produced as a result of the fractured nature of the relations – social, political and economic – between black and white in the colony of Natal. Apart from the racial tensions between warders and prisoners of different races, tensions within the colonial edifice itself – particularly between police officers and gaol officials – reveal deep divisions within the colonial state. The article is primarily based on material housed in the Pietermaritzburg Archives Repository; some quotations from The Black Peril by an imprisoned journalist, George Webb Hardy, have also been included.","PeriodicalId":55857,"journal":{"name":"Potchefstroom Electronic Law Journal","volume":"12 4","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139242542","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-23DOI: 10.17159/1727-3781/2023/v26i0a16564
Elmien (WJ) du Plessis
This article investigates the legal framework governing the role of traditional leaders in land use planning, through a historical gaze at the nature and authority of traditional leadership in South Africa. It is through this brief historical discussion that the influence of colonial and apartheid concepts of traditional leadership, as concretised in legislation, comes to the fore. This then creates a basis from which the Traditional and Khoisan Leadership Act 3 of 2019 and the Spatial Planning and Land Use Management Act 16 of 2013 are explored.
{"title":"The Legal Framework Governing Traditional Leaders' Role in Land Use Planning in South Africa","authors":"Elmien (WJ) du Plessis","doi":"10.17159/1727-3781/2023/v26i0a16564","DOIUrl":"https://doi.org/10.17159/1727-3781/2023/v26i0a16564","url":null,"abstract":"This article investigates the legal framework governing the role of traditional leaders in land use planning, through a historical gaze at the nature and authority of traditional leadership in South Africa. It is through this brief historical discussion that the influence of colonial and apartheid concepts of traditional leadership, as concretised in legislation, comes to the fore. This then creates a basis from which the Traditional and Khoisan Leadership Act 3 of 2019 and the Spatial Planning and Land Use Management Act 16 of 2013 are explored.","PeriodicalId":55857,"journal":{"name":"Potchefstroom Electronic Law Journal","volume":"152 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139244335","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-23DOI: 10.17159/1727-3781/2023/v26i0a17054
Nicola Smit
Laudation for Professor Willemien du Plessis
为 Willemien du Plessis 教授点赞
{"title":"Laudation for Professor Willemien du Plessis (BJur LLB LLD MA (Environmental Management))","authors":"Nicola Smit","doi":"10.17159/1727-3781/2023/v26i0a17054","DOIUrl":"https://doi.org/10.17159/1727-3781/2023/v26i0a17054","url":null,"abstract":"Laudation for Professor Willemien du Plessis","PeriodicalId":55857,"journal":{"name":"Potchefstroom Electronic Law Journal","volume":"36 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139244704","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-23DOI: 10.17159/1727-3781/2023/v26i0a17260
Nonhlanhla Ngcobo
The world is facing an environmental crisis threatening human and non-human existence. Various actors are responding to this crisis, including politicians, international non-governmental organisations, transnational organisations and scientific communities. Municipalities are governing entities in cities and are deemed critical actors to help respond at a sub-national level to the global environmental crisis. In terms of sections 151(2) and 156(1) of the Constitution of the Republic of South Africa, 1996 (the Constitution) municipal councils have executive and legislative authority over local environmental governance (LEG) matters listed in Schedules 4B and 5B of the Constitution, thus making municipal councils the highest South African authority with legal and political powers in local communities. This article uses the constitutions, policies, and manifestos of political parties active in the local government sphere to ascertain the role of political parties in (local) environmental governance. The aim of this inquiry is to investigate how political parties in South Africa conceive of their accountability in the environmental governance context. The assumption is that unless councillors are politically inclined and are expressly expected at party level to pursue ecologically sustainable development, municipalities will not be able to fulfill their role in the urgently needed transition. The article finds that municipal councils are accountable for environmental governance and should improve on thisnresponsibility. The accountability should start with parties making explicit environmental commitments and holding their councillors accountable for failing to fulfil them.
{"title":"South African Environmental Law and Political Accountability: Local Councils in the Spotlight","authors":"Nonhlanhla Ngcobo","doi":"10.17159/1727-3781/2023/v26i0a17260","DOIUrl":"https://doi.org/10.17159/1727-3781/2023/v26i0a17260","url":null,"abstract":"The world is facing an environmental crisis threatening human and non-human existence. Various actors are responding to this crisis, including politicians, international non-governmental organisations, transnational organisations and scientific communities. Municipalities are governing entities in cities and are deemed critical actors to help respond at a sub-national level to the global environmental crisis. In terms of sections 151(2) and 156(1) of the Constitution of the Republic of South Africa, 1996 (the Constitution) municipal councils have executive and legislative authority over local environmental governance (LEG) matters listed in Schedules 4B and 5B of the Constitution, thus making municipal councils the highest South African authority with legal and political powers in local communities. This article uses the constitutions, policies, and manifestos of political parties active in the local government sphere to ascertain the role of political parties in (local) environmental governance. The aim of this inquiry is to investigate how political parties in South Africa conceive of their accountability in the environmental governance context. The assumption is that unless councillors are politically inclined and are expressly expected at party level to pursue ecologically sustainable development, municipalities will not be able to fulfill their role in the urgently needed transition. The article finds that municipal councils are accountable for environmental governance and should improve on thisnresponsibility. The accountability should start with parties making explicit environmental commitments and holding their councillors accountable for failing to fulfil them.","PeriodicalId":55857,"journal":{"name":"Potchefstroom Electronic Law Journal","volume":"39 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139244632","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-23DOI: 10.17159/1727-3781/2022/v25i0a16925
Paul J Du Plessis
A personal dedication to Prof Willemien du Plessis.
谨以此文献给 Willemien du Plessis 教授。
{"title":"Professor Willemien du Plessis: a Personal Reflection","authors":"Paul J Du Plessis","doi":"10.17159/1727-3781/2022/v25i0a16925","DOIUrl":"https://doi.org/10.17159/1727-3781/2022/v25i0a16925","url":null,"abstract":"A personal dedication to Prof Willemien du Plessis.","PeriodicalId":55857,"journal":{"name":"Potchefstroom Electronic Law Journal","volume":"15 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139245043","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-23DOI: 10.17159/1727-3781/2023/v26i0a15594
Gerrit Pienaar
In Bae Estates and Escapes (Pty) Ltd v Trustees for the time being of the Legacy Body Corporate 2020 4 SA 514 (WCC) the Supreme Court of Appeal (SCA) considered a resolution by the trustees of a sectional title scheme that an estate agent Bae Estates and Escapes was not allowed to enter or exercise any economic activities in the scheme. The resolution was based on a conduct rule which enabled the trustees to disallow specific estate agents to sub-let units in the scheme on a short-term basis. The Western Cape Division of the High Court found that the resolution was unlawful, wrong, procedurally unfair and arbitrary and therefore reviewable. The High Court considered two requirements of the definition of "administrative action" in the Promotion of Administrative Justice Act 3 of 2000 (PAJA) and held that the resolution of the trustees constituted administrative action in terms of PAJA and was as such reviewable under PAJA. On appeal the Supreme Court of Appeal considered whether the trustees' conduct should be considered an administrative act reviewable under PAJA or alternatively be reviewed under the common law in terms of section 33 of the Constitution. After analysing the three requirements of administrative action to determine whether the conduct of the trustees had to be determined under PAJA, the SCA held that the conduct of the trustees did not fulfil any of these requirements and reviewed their conduct under the common law. In this case note the three requirements for administrative action are discussed in view of the special nature of the body corporate and the rules of a sectional title scheme. The body corporate is a statutory juristic person that is automatically established on the opening of a sectional title register and therefore not consensual in nature, like common law clubs, companies or retirement schemes. Furthermore, its rules are regarded as the product of the quasi-legislative function of a statutory body, which rules must be approved by the Ombud Service for Community Schemes before the opening of the sectional title register. Although the outcome of the judgment would have been the same, the juridical basis would have been more accurate if the SCA had taken into consideration the special nature of a sectional title scheme, which brings the conduct of the trustees within the ambit of administrative action under PAJA.
在 Bae Estates and Escapes (Pty) Ltd v Trustees for the time being of the Legacy Body Corporate 2020 4 SA 514 (WCC)一案中，最高上诉法院（SCA）审议了分段产权计划受托人作出的一项决议，即不允许房地产代理 Bae Estates and Escapes 进入该计划或在该计划中从事任何经济活动。该决议的依据是一项行为规则，该规则允许受托人不允许特定地产代理短期分租该计划中的单位。高等法院西开普省分院认为，该决议不合法、错误、程序上不公平且武断，因此应予以复审。高等法院考虑了 2000 年第 3 号《行政司法促进法》（PAJA）中 "行政行为 "定义的两项要求，认为受托人的决议构成了 PAJA 规定的行政行为，因此可根据 PAJA 进行复审。在上诉时，最高上诉法院考虑了是否应将受托人的行为视为可根据《行政司法法》进行审查的行 政行为，或者是否应根据《宪法》第 33 条按照普通法进行审查。在分析了行政行为的三项要求以确定受托人的行为是否必须根据《公共行政和司法法案》进行审查后，最高上诉法院认为受托人的行为不符合其中任何一项要求，因此根据普通法对其行为进行了审查。在本案例说明中，考虑到法人团体的特殊性质和分段产权计划的规则，对行政行为的三项要求进行了讨论。法人团体是一个法定法人，在分段所有权登记册开启时自动成立，因此其性质与普通法中的俱乐部、公司或退休计划不同。此外，其规则被视为法定机构准立法职能的产物，这些规则必须在分区所有权登记册开放之前获得社区计划监察员办公室的批准。虽然判决结果相同，但如果最高法院考虑到分段产权计划的特殊性质，将受托人的行为纳入 PAJA 行政行为的范畴，那么司法依据就会更加准确。
{"title":"Judicial Review of the Enforcement of Sectional Title Rules: Administrative Action or Common-Law Review? Trustees for the time being of the Legacy Body Corporate v Bae Estates and Escapes (Pty) Ltd","authors":"Gerrit Pienaar","doi":"10.17159/1727-3781/2023/v26i0a15594","DOIUrl":"https://doi.org/10.17159/1727-3781/2023/v26i0a15594","url":null,"abstract":"In Bae Estates and Escapes (Pty) Ltd v Trustees for the time being of the Legacy Body Corporate 2020 4 SA 514 (WCC) the Supreme Court of Appeal (SCA) considered a resolution by the trustees of a sectional title scheme that an estate agent Bae Estates and Escapes was not allowed to enter or exercise any economic activities in the scheme. The resolution was based on a conduct rule which enabled the trustees to disallow specific estate agents to sub-let units in the scheme on a short-term basis. The Western Cape Division of the High Court found that the resolution was unlawful, wrong, procedurally unfair and arbitrary and therefore reviewable. The High Court considered two requirements of the definition of \"administrative action\" in the Promotion of Administrative Justice Act 3 of 2000 (PAJA) and held that the resolution of the trustees constituted administrative action in terms of PAJA and was as such reviewable under PAJA. On appeal the Supreme Court of Appeal considered whether the trustees' conduct should be considered an administrative act reviewable under PAJA or alternatively be reviewed under the common law in terms of section 33 of the Constitution. After analysing the three requirements of administrative action to determine whether the conduct of the trustees had to be determined under PAJA, the SCA held that the conduct of the trustees did not fulfil any of these requirements and reviewed their conduct under the common law. In this case note the three requirements for administrative action are discussed in view of the special nature of the body corporate and the rules of a sectional title scheme. The body corporate is a statutory juristic person that is automatically established on the opening of a sectional title register and therefore not consensual in nature, like common law clubs, companies or retirement schemes. Furthermore, its rules are regarded as the product of the quasi-legislative function of a statutory body, which rules must be approved by the Ombud Service for Community Schemes before the opening of the sectional title register. Although the outcome of the judgment would have been the same, the juridical basis would have been more accurate if the SCA had taken into consideration the special nature of a sectional title scheme, which brings the conduct of the trustees within the ambit of administrative action under PAJA.","PeriodicalId":55857,"journal":{"name":"Potchefstroom Electronic Law Journal","volume":"94 10","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139246113","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-23DOI: 10.17159/1727-3781/2023/v26i0a16826
Tiisetso John Rantlo
Tribute to Professor Willemien du Plessis.
向 Willemien du Plessis 教授致敬。
{"title":"Laudatio in Honour of Professor Willemien du Plessis","authors":"Tiisetso John Rantlo","doi":"10.17159/1727-3781/2023/v26i0a16826","DOIUrl":"https://doi.org/10.17159/1727-3781/2023/v26i0a16826","url":null,"abstract":"Tribute to Professor Willemien du Plessis.","PeriodicalId":55857,"journal":{"name":"Potchefstroom Electronic Law Journal","volume":"39 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139246177","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-23DOI: 10.17159/1727-3781/2023/v26i0a16342
Allison Geduld
Land and land rights remain a contested issue in South Africa. Grobler v Phillips centered on the eviction of an 86-year-old woman, Mrs Phillips, and her disabled son from property she had lived on since she was 11 years old. After a fourteen-year court battle the Constitutional Court granted an eviction order against Mrs Phillips. This case note consists of a discussion of the judgments of the Magistrate's Court, High Court, Supreme Court of Appeal and Constitutional Court. It is found that the Constitutional Court erred in its decision as it applied a formalistic approach, disregarded the narrative of the occupier and did not sufficiently challenge the current neo-liberal regime in which property rights operate.
{"title":"No Country for Old Women: A Critique of Grobler v Phillips 2023 1 SA 321 (CC)","authors":"Allison Geduld","doi":"10.17159/1727-3781/2023/v26i0a16342","DOIUrl":"https://doi.org/10.17159/1727-3781/2023/v26i0a16342","url":null,"abstract":"Land and land rights remain a contested issue in South Africa. Grobler v Phillips centered on the eviction of an 86-year-old woman, Mrs Phillips, and her disabled son from property she had lived on since she was 11 years old. After a fourteen-year court battle the Constitutional Court granted an eviction order against Mrs Phillips. This case note consists of a discussion of the judgments of the Magistrate's Court, High Court, Supreme Court of Appeal and Constitutional Court. It is found that the Constitutional Court erred in its decision as it applied a formalistic approach, disregarded the narrative of the occupier and did not sufficiently challenge the current neo-liberal regime in which property rights operate.","PeriodicalId":55857,"journal":{"name":"Potchefstroom Electronic Law Journal","volume":"553 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139243083","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：