Browsing: Property rights

The proposed Gautrain expansion has reignited debate over land expropriation law, with new legislation, major court rulings and constitutional safeguards placing property rights and fair compensation under sharp focus.

Fifteen land justice movements representing landless communities have been admitted as friends of the court in the constitutional challenge to the Expropriation Act before the Western Cape High Court. The organisations say the case will shape the future of land reform in South Africa.

Publication of land in the Government Gazette as a claimed land has serious consequences for the owner. He can no longer deal with the claimed land as he pleases and without the consent of the Regional Land Claims Commissioner. Claiming someone’s land as your is a serious matter and the claim must strictly comply with the requirements of the Act.

The Supreme Court of Appeal has rejected SAHRA’s bid to treat all Mandela-related memorabilia as national heritage, ruling that private property cannot be controlled solely because of its association with Nelson Mandela.

Farm owners and occupiers must engage before any construction takes place. The Land Claims Court ruled that building on a farm without the owner’s permission can lead to legal consequences, even for long-term ESTA occupiers.

The Land Claims Court has restored Zandfontein and Bultfontein farms to the Bakgatla Ba Mocha Ba Maubane and Maloka communities, ruling apartheid-era proclamations unconstitutional.

A single WhatsApp message shut down Northern Cape High School’s gym. The High Court ruled it unlawful and ordered it reopened immediately.

A Western Cape court has ordered residents to stop blocking their neighbour’s driveway, affirming servitude rights and urging cooperation in the spirit of ubuntu.

What began as a routine electricity inspection at Durban’s Grosvenor Hotel turned into a frightening ordeal. Staff and guests watched in shock as inspectors and landlords stormed the building, breaking doors and tearing out cables. Now, the High Court has ruled that their conduct was unlawful, confirming the hotel owner’s right to safety, dignity, and protection from intimidation.

The Western Cape High Court has postponed the eviction of Isiqalo residents, exposing South Africa’s ongoing clash of rights between property ownership and housing needs.