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Mossel Bay is a harbour town of about 99,000 people on the Southern Cape of South Africa. It is an important tourism and farming region of the Western Cape Province. Mossel Bay lies 400 kilometres east of the country's seat of parliament, Cape Town, and 400 km west of Port Elizabeth, the largest city in the Eastern Cape. The older parts of the town occupy the north-facing side of the Cape St Blaize Peninsula, whilst the newer suburbs straddle the Peninsula and have spread eastwards along the sandy shore of the Bay.
South African property law regulates the "rights of people in or over certain objects or things." It is concerned, in other words, with a person's ability to undertake certain actions with certain kinds of objects in accordance with South African law. Among the formal functions of South African property law is the harmonisation of individual interests in property, the guarantee and protection of individual rights with respect to property, and the control of proprietary relationships between persons, as well as their rights and obligations. The protective clause for property rights in the Constitution of South Africa stipulates those proprietary relationships which qualify for constitutional protection. The most important social function of property law in South Africa is to manage the competing interests of those who acquire property rights and interests. In recent times, restrictions on the use of and trade in private property have been on the rise.
A property tax known as "rates" has been levied in Hong Kong since 1845. The tax applies to all domestic and commercial properties unless exempted, and is based upon the rental value of the property, re-assessed each year. Formerly part of the revenue went to the Urban Council and, from 1986, the Regional Council, but since 2000 the whole amount goes to the Hong Kong Government.
True Motives 84 (Pty) Ltd v Mahdi and Another is an important case in South African law, heard in the Supreme Court Of Appeal on 28 August 2008, with judgment handed down on 3 March 2009. PM Kennedy SC appeared for the appellant. There was no appearance for the first respondent, while AE Franklin SC appeared for the second respondent and PJ Olsen SC for the amicus curiae.
Room Hire Co (Pty) Ltd v Jeppe Street Mansions (Pty) Ltd is an important case in South African law: the leading case, indeed, on disputes of fact. It was heard in the Transvaal Provincial Division on April 28 and 29, 1949, with judgement on July 15. Murray AJP, Ramsbottom J and Blackwell J presided. A. Shacksonvis KC appeared for the appellant, and A. Suzman KC for the respondent. The appellant's attorneys were Schwartz & Goldblatt; the respondent's were Podlashuc, Meintjes, Liebson & Klagsbrun.
Truter and Another v Deysel is an important case in South African law, with particular resonance in the area of civil procedure and medical malpractice. It is also frequently quoted or invoked for its definition of "cause of action." It was heard in the Supreme Court of Appeal by Harms JA, Zulman JA, Navsa JA, Mthiyane JA and Van Heerden JA on 24 February 2006; judgment was delivered on 17 March. Counsel for the appellants was JG Dickerson SC; AC Oosthuizen SC appeared for the respondent. The case was an appeal from a decision in the Cape Provincial Division by Mlonzi AJ.
General Accident Insurance Co South Africa Ltd v Xhego and Others is an important case in the South African law of delict, particularly the area of compensation for motor vehicle accidents. The case was heard in the Appellate Division, by Joubert JA, Van Heerden JA, Smalberger JA, F H Grosskopf JA and Van Coller AJA, on November 18, 1991, with judgment handed down on November 29. The appellant, whose attorneys were Silberbauers, Cape Town, and Symington & De Kok, Bloemfontein, was represented by BM Griesel. The respondents, whose attorneys were Coulter, Van Gend & Kotze, Claremont, and Webbers, Bloemfontein, were represented by BJR Whitehead.
Minister of Police v Rabie is an important case in the South African law of delict. It was heard in the Appellate Division on September 3, 1984, with judgment handed down on September 27, 1985. The presiding officers were Jansen JA, Joubert JA, Cillié JA, Van Heerden JA and Vivier AJA. The appellant was represented by the State Attorney, Johannesburg. The respondent's attorneys were Mather & Sim, Johannesburg, and McIntyre & Van der Post, Bloemfontein.
Minister of Safety and Security v Luiters is an important case in the South African law of delict. It was heard in the Supreme Court of Appeal (SCA) on March 7, 2006, with judgment delivered on March 17. Mpati DP, Farlam JA, Navsa JA, Cloete JA and Van Heerden JA presided. RT Williams SC appeared for the appellant and HM Raubenheimer SC for the respondent. The appellant's attorneys were the State Attorneys, Cape Town and Bloemfontein. The respondent's attorneys were Smith & De Jongh, Bellville; Milton de la Harpe, Cape Town; and Honey Attorneys, Bloemfontein. The case was an appeal from a decision in the Cape Provincial Division by Thring J. A subsequent application to appeal it further to the Constitutional Court was rejected.
Kragga Kamma Estates CC and Another v Flanagan is an important case in the South African law of contract, an appeal from a decision in the South Eastern Cape Local Division by Jansen J. It was heard in the Appellate Division on August 19, 1994, with judgement handed down on September 29. The presiding officers were EM Grosskopf JA, Nestadt JA, Kumleben JA, Howie JA and Nicholas AJA. The appellants' attorneys were Tobie Oosthuizen, Port Elizabeth, and Webbers, Bloemfontein. The respondent's attorneys were Jankelowitz, Kerbel & Schärges, Port Elizabeth, and Lovius-Block, Bloemfontein. HJ van der Linde appeared for the appellants; JRG Buchanan SC for the respondent.
Theart and Another v Minnaar NO; Senekal v Winskor 174 (Pty) Ltd is an important case in South African property law and civil procedure, as well as in the area of legal interpretation. It was heard in the Supreme Court of Appeal on November 5, 2009, with judgment handed down on December 3. Mpati P, Brand JA, Snyders JA, Malan JA and Bosielo JA presided. Counsel for the appellants was BC Wharton; CHJ Maree appeared for the respondent in case No. 483/08 and M. Verster for the respondent in case No. 007/09. These were appeals from two decisions in the High Court, Cape Town. The appellants' attorneys were RP Totos, Cape Town, and Symington & De Kok, Bloemfontein. The respondent's attorneys in case No. 483/08 were Van der Spuy & Vennote, Cape Town, and Phatshoane Henney Ing, Bloemfontein. The respondent's attorneys in case No. 007/09 were JC Van der Berg Attorneys, George, and Hill, McHardy & Herbst Ing, Bloemfontein.
East London Model Dairy Co-Operative v Toyk is an important case in South African law. An action for an order cancelling a sale, and for the refund of the purchase price, it was heard in the Eastern Districts Local Division by De Villiers J November 9, 10 and 11, 1954, with judgment handed down on December 9. The plaintiffs' attorneys were RG White, Gillett & McConnachie. The defendant's attorneys were Segal & Pincus. AW Back, QC, appeared for the plaintiff; NC Addleson for the defendant
Murray v Minister of Defence is an important case in South African labour law. An appeal from a decision in the Cape Provincial Division by Yekiso J, it was heard in the Supreme Court of Appeal (SCA) on 18 February 2008. Mpati DP, Cameron JA, Mlambo JA, Combrinck JA and Cachalia JA presided, handing down judgment on 31 March. Counsel for the appellant was KPCO von Lieres und Wilkau SC ; NJ Treurnicht SC appeared for the respondent. The appellant's attorneys were Van der Spuy Attorneys, Cape Town, and Hill McHardy & Herbst Ing, Bloemfontein. The respondent was represented by the State Attorney, Cape Town, and the State Attorney, Bloemfontein.
Soffiantini v Mould is an important case in South African law. An appeal from a decision of Back AJ, it was heard in the Eastern Districts Local Division by Price JP, Jennett J and Wynne J on 30 July 1956. Judgment was handed down on 14 August 1956. The appellant's attorneys were Espin & Espin. The respondent's attorney was LB Green. The case concerned the relationship between landlord and tenant, and confirmed that, under the common law, a landlord is not entitled to enter leased premises without consent. The trespassing landlord can be interdicted.
South African environmental law describes the legal rules in South Africa relating to the social, economic, philosophical and jurisprudential issues raised by attempts to protect and conserve the environment in South Africa. South African environmental law encompasses natural resource conservation and utilization, as well as land-use planning and development. Issues of enforcement are also considered, together with the international dimension, which has shaped much of the direction of environmental law in South Africa. The role of the country's Constitution, crucial to any understanding of the application of environmental law, also is examined. The National Environmental Management Act (NEMA) provides the underlying framework for environmental law.
Administrator, Transvaal v Theletsane is an important case in South African law, heard in an Appellate Division comprising Botha JA, Smalberger JA, MT Steyn JA, FH Grosskopf JA and Nicholas AJA. The case was heard on November 5, 1990; judgment was delivered on November 30. The respondents' attorneys were SV Khampepe, Johannesburg, and EG Cooper & Sons, Bloemfontein. The appellants had the State Attorney.
Wightman t/a JW Construction v Headfour (Pty) Ltd and Another is an important case in South African law, heard in the Supreme Court of Appeal on February 27, 2008. Mpati DP, Cameron JA, Heher JA, Ponnan JA and Mhlantla AJA presided. Judgment was handed down on March 10, 2008. Counsel for the appellant was EJJ Spamer; SC Goddard appeared for the respondents. The appellant's attorneys were Kyriacos & Co, Cape Town, and Webbers, Bloemfontein. The respondents' Attorneys were EQM Hunter, Cape Town, and Honey Attorneys, Bloemfontein. The case was an appeal from a decision of the full bench in the Cape Provincial Division regarding spoliation.
Plascon-Evans Paints Ltd v Van Riebeeck Paints (Pty) Ltd is an important case in South African law, particularly in the area of civil procedure and trade marks.
Chartaprops 16 (Pty) Ltd and Another v Silberman is an important case in the South African law of agency. It was heard in the Supreme Court of Appeal by Scott JA, Nugent JA, Ponnan JA, Maya JA and Leach AJA on May 14, 2008. They delivered judgment on September 25. The case was an appeal from a decision in the Witwatersrand Local Division by Boruchowitz J.
The South African Sendinggestig Museum was established in 1977 and is currently situated in the centre of Cape Town, Western Cape, South Africa. It is a province-aided museum which receives support from the Government of the Western Cape Province.
References
Case law
- Cape Town & District Gas, Light & Coke Co, Ltd v Director of Valuations 1949 (4) SA 197 (C).
