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dc.date.accessioned 2017-04-08T17:03:06Z
dc.date.available 2017-04-08T17:03:06Z
dc.date.created 2005-05-30 en
dc.identifier.citation [2005] ZACC 9
dc.identifier.citation 2005 (11) BCLR 1053 (CC)
dc.identifier.citation 2006 (1) SA 297 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/2231
dc.title Du Toit v Minister of Transport en
dc.title.alternative CCT22/04 en
dc.identifier.casenumber CCT22/04 en
dc.date.hearing 9 November 2004
dc.contributor.judge Mokgoro J Majority judgment
dc.contributor.judge Langa ACJ dissenting judgment
dc.date.judgment 8 September 2005
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/2231/Full%20judgment%20%28299%20Kb%29-4574.pdf?sequence=21&isAllowed=y
dc.concourt.synopsis Application for leave to appeal against judgment of the SCA. The applicant challenged the amount of compensation awarded by the SCA in terms of certain sections of the Roads Act, 54 of 1971 read with the Expropriation Act, 63 of 1975, for the expropriation of a quantity of gravel from his farm. Mokgoro J, writing for the majority, noted that the constitutional validity of section 12(1)(b) of the Expropriation Act had not been challenged, and that as a result, the Court was not at large to determine whether the Expropriation Act complied with the requirements set out for calculating compensation for expropriation in section 25(3) of the Constitution. Rather, Mokgoro J held, compensation had to be calculated first in terms of section 12(1)(b) of the Expropriation Act, and then assessed against the requirements of section 25(3) of the Constitution. The compensation awarded by the SCA was held to be just and equitable. The appeal was dismissed. Langa ACJ, for the minority, disagreed with the two stage approach adopted by the majority, holding that the requirements of section 25(3) of the Constitution are paramount. Although Langa ACJ did not concur in the order of Mokgoro J, preferring rather to refuse leave to appeal, he did however agree that the compensation awarded was just and equitable.
dc.concourt.casehistory Application for leave to appeal against the SCA judgment reported as: Minister of Transport v Du Toit 2005 (1) SA 16 (SCA), setting aside the order of the Cape High Court, reported as: Du Toit v Minister of Transport 2003 (1) SA 586 (C)


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