Show simple item record

dc.date.accessioned 2017-04-08T17:13:42Z
dc.date.available 2017-04-08T17:13:42Z
dc.date.created 2011-02-14 en
dc.identifier.citation [2011] ZACC 28
dc.identifier.citation 2011 (6) SA 134 (CC)
dc.identifier.citation 2011 (12) BCLR 1225 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/3636
dc.title Haffejee NO and Others v Ethekwini Municipality and Others en
dc.title.alternative CCT110/10 en
dc.identifier.casenumber CCT110/10 en
dc.date.hearing 19 May 2011
dc.contributor.judge Froneman J
dc.date.judgment 25 August 2011
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/3636/Full%20judgment%20Official%20version%20%28120%20Kb%29-17479.pdf?sequence=31&isAllowed=y
dc.concourt.synopsis Application for leave to appeal concerning the eviction of the YGM Haffejee Family Trust (Trust) from their property and the validity of certain sections of the Expropriation Act 63 of 1975 (Act). The applicants challenged sections of the Act on the basis that they allowed for expropriation to occur before the amount, time and manner of payment of compensation had been determined. This, they contended, was in conflict with s 25(2)(b) of the Constitution. The court held that, although compensation was a condition for expropriation, s 25(2)(b) could not be interpreted to mean that it was a precondition. In most cases, compensation before expropriation would be just and equitable. In those cases where this was not so, compensation would need to be paid as soon as reasonably possible after expropriation. Eviction after expropriation required either agreement between the parties or court supervision as well as accordance with section 26 of the Constitution. The court granted leave to appeal, declined to declare the challenged sections of the Act unconstitutional, and ordered that each party pay its own costs. Judgment: Froneman J (unanimous) [
dc.concourt.casehistory Application to the CC for leave to appeal against the judgment of the Kwazulu-Natal High Court, Durban: eThekwini Municipality v Haffejee NO and Others; Haffejee NO and Others v eThekwini Municipality and Others 2010 (6) BCLR 578 (KZD) 14 December 2009


Files in this item

This item appears in the following Collection(s)

Show simple item record

Search ConCourt Collections


Browse

My Account