With a Gini coefficient of between 0.660 and 0.696, and across almost all measurements, South Africa is one of 17185/05) (unreported judgment of the Durban High Court, handed down on 10 February 2010) Facts: Mr and Mrs Howard were in the market for a bigger home and in January 2005 they met Mrs Walker, an estate agent at a show house. Acknowledgements. There is a Rent Control Act (Chapter 43:09), but it applies only to commercial properties in urban areas. The case involved a property which was owned by three people. 1) That no-one may be deprived of property except in terms of a law of general application (that loosely means that the law must apply to sections of the population equitably) and that no law may permit the arbitrary deprivation of property. Our Constitution doesn't guarantee right to property, it guarantees for everyone not to be deprived of property. For instance, the parties may specify that after a period of time the rent will increase to a certain amount, or to an amount to be agreed at a future time. There are three types of marriages i.e. Narrow your search for Civil, Criminal, Constitutional, Human Rights, Arbitration, Labour, Competition, Pensions, Intellectual Property and Tax Case Law (Law Reports). The underlying principle is expressed in the maxim “spoliatus ante omnia restituendus est”. The sources of the modern law of property can, therefore, be summarised as follows: i. The Constitution of the Republic of South Africa, 1996 Learning outcomes After studying this section, you should be able to understand the scope and content of the law of property by: conceptualising the law of property in the legal system of South Africa With expertly written summaries, cross referencing, indices and more. In the context of retrospectivity of legislation, the court pointed out that South African case law distinguishes between retrospectivity of legislation in the “weak” and “strong” sense. No-one may be deprived of property except in terms of a law of general application (that loosely means that the law must apply … In 2010 there was a case regarding the complications of co-ownership of a property in South Africa. This article is based on two slightly different papers that were respectively presented at a seminar of the South African Institute for Advanced Constitutional, Public, Human Rights and International Law on 22 September 2017, and at the South African Property Law Teachers Colloquium, held at Stellenbosch University from 2-3 November 2017. Provision for rent to be increased during the lease may be made in the lease agreement. We submit that such a narrow definition is inconsistent with South African law in general, and specifically with the broader operation of s 15 of the Act. This new board will govern the property profession across the board, not just estate agents as is currently the case. These Clergy can register marriages in terms of the Act. of the law of property to be studied. The issue that is most often in dispute in this context is whether a person has a property interest in a government benefit. Under the South African common law, an automatic remedy that stems from a breach of contract is a claim for damages against the breaching party, in the hands of an innocent party. Students are strongly encouraged to … In para 19 of the Naidoo case, the court defined an ‘asset’ as ‘property that could be applied to the payment of debts’. In this regard, Section 25 speaks of property in a general sense, and does not limit itself to land. In its current form, Section 25 of the Constitution provides that:-“25(1) No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property.” An example here: A 4 000-square metre property with the usual 40% coverage and 0.4 floor area ratio could place a maximum of 1 600 square metres under roof. The prescribed textbook for this course is Mostert H and Pope A (eds.) Deprivation of property. The portions of the property were utilised in different ways by each owner and when it came time to selling the property, two of the three parties were opposed to the sale. At present more than 200 Muslim clergy are registered as marriage officers in South Africa. All these types of marriages do not allow for polygynous Relevant case-law dealing with intervening causes. South Africa’s new property laws you need to know about. The so-called “Property Clause” of South Africa’s new Constitution (Act 108 of 1996), Section 25 reads as follows: “(1) No one may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property. The information contained on this website is aimed at providing members of the public with guidance on the law in South Africa. This information has not been provided to meet the individual requirements of a specific person and LegalWise insists that legal advice be obtained to … The first important judgment dealing with the nature of liens in South African law was the 1906 case of In South African law, prescription is regarded as substantive. Read "Arbitrary deprivation of property. The Constitution of the Republic of South Africa, 1996 is the supreme law of the republic, and any law or conduct inconsistent with it is invalid. There is, however, an ongoing Constitutional review process to determine whether changes are required to section 25 of the Constitution. The Visser case is also consistent with s 15(3) of the Act. Exam 2015 May/June Skills Course Full Set Of Lecture Notes 1St Semester 2016 SCL1501 4 Notes Exam June 2014, questions Sample/practice exam 2018, questions and answers Chapter 9 -Career Management Le Roux v Dey - This case is of importance to the law of delict COS1512 102 3 2018 Fls1501-notes - fls1501 notes ILW1501-4-Outline - NOTES Typical Questions for CSL 101 ILW1501-dvd … Send your questions to the iedivorce team via our Contact Page for expert advice. Nazli Williams (BCom LLB), director of Patton Williams Attorneys, is an admitted attorney of the High Court of South Africa, specializing in Divorce and Family Law matters. The Constitution enshrines the rights to property and states that no one can be deprived of property except in terms of general law and no law can permit arbitrary deprivation of property. 6 Although South Africa has made commendable progress in eradicating extreme poverty since 1994, mainly through social grants and free basic service provision, during the same period, racialised inequality has grown. 106-129) ... A significant body of case law in South Africa also goes back some way in time, though not as far as in Scotland. The Principles of the Law of Property in South Africa (2010) Oxford University Press. Mr Ramuhovhi and Ms Netshituka approached the High Court for an order declaring section 7(1) of the Recognition of Customary Marriages Act (the Act) unconstitutional and invalid. Chapter 2 of the ... deprivation of property is proscribed, and the freedoms of trade, occupation and profession, protected. Wakefields Real Estate (Pty) Ltd v Attree and Others (Case No. LexisNexis’ selection of Case Law … Deprivation of Property The Constitution clearly requires that the government must provide due process before it deprives a person of real or personal property. In terms of the Act, a child born in South Africa and of which one of the parents was a South African citizen or South African permanent residence holder at the time of the child's birth shall be a South African citizen by birth in the case of births from 6 October 1995 when the Act came into operation. Want to know more about community of property and divorce? A. Ramuhovhi and Another v The President of the Republic of South Africa and (Case Others number: 412/2015) - High Court: Polygamous customary marriages. A comparative analysis between German and South African law" by Leonard von Rummel available from Rakuten Kobo. Chapter 5 Property Deprivation of an Absentee in Emulation of the Laws of Succession: The Laws of Scotland and South Africa Compared (pp. In conclusion, the contract of “guarantee” does not have a defined legal meaning in South African law. •Corbett, Hofmeyr & Kahn The Law of Succession in South Africa (2001) p 39: –The right of an individual to dispose of his or her property on death as he or she pleases •De Waal & Schoeman-Malan Law of Succession (2015) p 3: –The contents of a will are left to the discretion of the individual testator The right to property is enshrined under section 25 of the Constitution of the Republic of South Africa Act, 1996. It … 4.1.1 Case Law In case law enrichment liens are often classified as limited real rights and I therefore reflect on the recognition of a lien as a right in the leading cases. EQUITABLE” COMPENSATION FOR EXPROPRIATION IN SOUTH AFRICAN LAW A mini – dissertation submitted in part-fulfilment of the degree of MASTER OF LAWS (with specialisation in Private Law) Of UNIVERSITY OF SOUTH AFRICA BY PHEAGANE TROTT MODIPANE STUDENT NUMBER: 36770116 SUPERVISOR: PROFESSOR JEANNIE VAN WYK FEBRUARY 2009 If a guarantee is given conditional upon the breach of contract, or default of the principal debtor, such a guarantee is accessory in nature and therefore, ranks as a suretyship. It states (somewhat evasively) that nobody may be deprived of property except in terms of law of general application, and no law may permit arbitrary deprivation of property. (2) Property may be expropriated only in terms of law of general application The protection of the right of private ownership of property has always been entrenched in Section 25 of the Constitution. in community of property, out of community of property or out of community with accrual . It provides for office use (with or without residential use) and is typified by the growing number of office parks that one sees in South African urban centres today. In the recent as yet unreported case of Bondev Holdings Midrand (Pty) vs Mulatedzi Alton Madzhieand others delivered by Acting Judge CR Jansen on 19 December 2016 in the Gauteng High Court, important contractual issues in a constitutional perspective were addressed in an insightful and ground-breaking judgement. (Deprivation is unlawful if it takes place without due process of law, or without a special legal right to oust the possessor).
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