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dc.date.accessioned 2017-04-08T17:02:58Z
dc.date.available 2017-04-08T17:02:58Z
dc.date.created 2004-10-20 en
dc.identifier.citation [2004] ZACC 23
dc.identifier.citation 2005 (1) SA 530 (CC)
dc.identifier.citation 2005 (2) BCLR 150 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/2214
dc.title Transfer Rights Action Campaign and Others v MEC for Local Government and Housing Gauteng and Others en
dc.title.alternative CCT1/04 en
dc.identifier.casenumber CCT1/04 en
dc.date.hearing 10-11 March 2004
dc.contributor.judge Yacoob J Majority judgment
dc.contributor.judge O'Regan J separate judgment
dc.contributor.judge Sachs J separate judgment
dc.date.judgment 6 October 2004
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/2214/Full%20judgment%20%28279%20Kb%29-2143.pdf?sequence=1&isAllowed=y
dc.concourt.synopsis Applications for confirmation and leave to appeal against High Court decisions. Three cases concerning the constitutionality of s 118(1) of the Local Government: Municipal Systems Act 32 of 2000 and section 50(1)(a) of the Gauteng Local Government Ordinance No 17 of 1939. Both sections preclude transfer of immovable property unless all electricity and water consumption charges due to a municipality in connection with the property by all occupiers of including non-owner occupiers for a specified period are paid. It was contended that these laws allow for arbitrary deprivation of property and infringe s 25(1) of our Constitution. Yacoob J, for the majority held that the legislation deprives people of property. However, the deprivation is not arbitrary. The provision has an important purpose that encourages payment as well as a sense of civic responsibility. There is sufficient reason for the deprivation. Also, all municipalities had to provide owners with copies of electricity and water accounts sent to occupiers if the owners requested these in writing. These laws also do not infringe the right to equality (s 9), the right of access to housing (s 26) or the right of access to courts (s 34). O'Regan J (Mokgoro J concurring) concurs with the order proposed by Yacoob J, but for different reasons. The order of the South Eastern Cape High Court set aside.
dc.concourt.casehistory Order of the South Eastern Cape High Court in Nokuthula Phyllis Mkontwana v Nelson Mandela Municipality and Others (SECLD) Case No 1238/02 and Peter William Bissett and Others v Buffalo City Municipality and Others (SECLD) Case No 903/2002, 13 September 2003, unreported, is set aside by the Constitutional Court.


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