Recent Judgments Available on the Internet

Constitutional Court of South Africa - www.constitutionalcourt.org.za

Inner-city Jo'burg residents to appeal evictions - 18 April
Residents of two buildings in Johannesburg's inner city are taking an eviction order against them to the Constitutional Court, their lawyers said on Wednesday. About 300 people in Berea's San Jose building and 197 Main Street have lodged an application for leave to appeal a Supreme Court of Appeal (SCA) decision that opened the way for city officials to evict them. - Mail & Guardian website

see
26 March 2007
253/06
City of Johannesburg v Rand Properties (Pty) Ltd 2007 SCA 25 (RSA)

Land Claims Court of South Africa - www.law.wits.ac.za/lcc/

19 March 2007
LCC55/05
Joubert v Hendricks and another
Extension of Security Tenure Act, 62 of 1997- Appeal against an order magistrate dismissing an application for eviction

 

7 March 2007
LCC96/06
Fargo and others v Vecto Trade (Edms) Bpk
This was an urgent application to compel farm owners to permit the burial in terms of Section 6(5) of Extension of Security of Tenure Act 62 of 1997. The applicant failed to prove that the deceased was an occupier as defined by the Act, and that she was residing on the farm at the time of her death. The application for burial was dismissed in its entirety save for urgency. The application against the first respondent was dismissed with costs

 

6 March 2007
LCC15/07
Tshivhula v Koedoepan Boerdery CC and another
Application for burial

Cape Provincial Division - http://law.sun.ac.za/cgi-bin/list.php

Nedbank's foul comes home to roost - March 2007
A spot of good news from the world of law – for a change. In a refreshingly clear and easy-to-follow judgment, Judge Yekiso of the Cape High Court has ordered Nedbank to pay businessman Peter Rymer a whopping R48 million. In nose77 we reported on how Nedbank and Honey Attorneys had ripped off Rymer, who then sued. Back in 1996 Rymer bought three adjoining wine farms in the Stellenbosch area – Zorgvliet, Le Pommier and Springrove – for a total of R38 million. He borrowed R12 million from Nedbank to help finance improvements and pledged the three farms to the bank as security. Rymer over-extended himself somewhat and the bank called for an immediate repayment of the loan, which by then stood at R12.8 million. According to Yekiso the interests of both parties were quite evident – for the bank to recover its money and for Rymer to discharge his debt. The bank was therefore Rymer’s agent and owed him a duty of good faith. Although it had discretion, this was not an unfettered discretion. Nedbank was ordered to pay  some R48 million. - Noseweek website

Useful Links and Items of Interest

On the edge - March 2007
St Francis Bay has long been a holiday resort for the well-off. But around 17 years ago, the demand for holiday homes led to development along a particularly ecologically sensitive stretch of the beach, resulting in serious degradation – the beach has all but disappeared. A series of grandish homes were built on the dunes at what is known as the Santareme, but the development, pushed through without any environmental impact assessment, blocked the natural source of sand for the beach. Within a couple of years the currents began changing, causing increasing loss of sand. The waves are now eating away the shoreline so quickly that homes once standing hundreds of metres from the sea will disappear within a few years – unless something is done fast. - Noseweek website