Occupiers of Erven 87 & 88 Berea v De Wet NO and Another (Poor Flat Dwellers Association as Amicus Curiae)

Case Number:
CCT108/16
Citations:
[2017] ZACC 18
Citations:
2017 (8) BCLR 1015 (CC)
Citations:
2017 (5) SA 346 (CC)
Judge:
Mojapelo AJ
Hearing Date:
14 February 2017
Judgment Date:
8 June 2017
Case History:
Application for leave to appeal against a judgment and order of the Johannesburg High Court: Occupiers of Erven 87 and 88 Berea Township v Frederick N.O [2015] ZAGPJHC 271. Application for leave to appeal was refused by the High Court and the SCA.
Synopsis:
eviction by consent — duties of a court — section 26(3) of the Constitution — section 4 of the Prevention of Illegal Eviction From and Unlawful Occupation of Land Act 19 of 1998 informed consent—rule 42(1)(a) of the Uniform Rules of Court— common law rescission — iustus error
Judgment:
Full judgment

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