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Port Elizabeth Municipality V Various Occupiers
''Port Elizabeth Municipality v Various Occupiers'' 2004, is an important case in South African law, with significance especially for post-apartheid property rights and constitutional supremacy. Facts The case concerned the fate of a small group of people who had been unlawfully occupying some vacant, unused and private land in the jurisdiction of the municipality of Port Elizabeth. At the instance of the landowners and a large number of concerned locals, the municipality applied for their eviction. It fell to the court to decide whether the eviction could go ahead under the circumstances. Judgment The Constitutional Court found that the eviction could not go ahead. Sachs J made reference to the judiciary's "new task," which was to manage "the counterpositioning of conventional rights of ownership against the new, equally relevant, right not to be arbitrarily deprived of a home, without creating hierarchies of privilege." The statute relied upon by the municipality, the Preven ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Constitutional Court Of South Africa
The Constitutional Court of South Africa is a supreme court, supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the South African Interim Constitution, Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of South Africa, Constitution of 1996. The Court sits in the city of Johannesburg. After initially occupying commercial offices in Braamfontein, it now sits in a purpose-built complex on Constitution Hill, Johannesburg, Constitution Hill. The first court session in the new complex was held in February 2004. Originally the final appellate court for constitutional matters, since the enactment of the Seventeenth Amendment of the Constitution of South Africa, Seventeenth Amendment of the Constitution in 2013, the Constitutional Court has jurisdiction to hear ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
2004 In South Africa
The following lists events that happened during 2004 in South Africa. Incumbents * President: Thabo Mbeki.Archontology.org: A Guide for Study of Historical Offices: South Africa: Heads of State: 1994-2017 (Accessed on 5 June 2017) * : . * Chief Justice: [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countries of Namibia, Botswana, and Zimbabwe; and to the east and northeast by Mozambique and Eswatini. It also completely enclaves the country Lesotho. It is the southernmost country on the mainland of the Old World, and the second-most populous country located entirely south of the equator, after Tanzania. South Africa is a biodiversity hotspot, with unique biomes, plant and animal life. With over 60 million people, the country is the world's 24th-most populous nation and covers an area of . South Africa has three capital cities, with the executive, judicial and legislative branches of government based in Pretoria, Bloemfontein, and Cape Town respectively. The largest city is Johannesburg. About 80% of the population are Black South Afri ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Apartheid
Apartheid (, especially South African English: , ; , "aparthood") was a system of institutionalised racial segregation that existed in South Africa and South West Africa (now Namibia) from 1948 to the early 1990s. Apartheid was characterised by an authoritarian political culture based on ''baasskap'' (boss-hood or boss-ship), which ensured that South Africa was dominated politically, socially, and economically by the nation's minority white population. According to this system of social stratification, white citizens had the highest status, followed by Indians and Coloureds, then black Africans. The economic legacy and social effects of apartheid continue to the present day. Broadly speaking, apartheid was delineated into ''petty apartheid'', which entailed the segregation of public facilities and social events, and ''grand apartheid'', which dictated housing and employment opportunities by race. The first apartheid law was the Prohibition of Mixed Marriages ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property Rights
The right to property, or the right to own property (cf. ownership) is often classified as a human right for natural persons regarding their possessions. A general recognition of a right to private property is found more rarely and is typically heavily constrained insofar as property is owned by legal persons (i.e. corporations) and where it is used for production rather than consumption. A right to property is recognised in Article 17 of the Universal Declaration of Human Rights, but it is not recognised in the International Covenant on Civil and Political Rights or the International Covenant on Economic, Social and Cultural Rights. The European Convention on Human Rights, in Protocol 1, article 1, acknowledges a right for natural and legal persons to "peaceful enjoyment of his possessions", subject to the "general interest or to secure the payment of taxes." Definition The right to property is one of the most controversial human rights, both in terms of its existence and inte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Port Elizabeth
Gqeberha (), formerly Port Elizabeth and colloquially often referred to as P.E., is a major seaport and the most populous city in the Eastern Cape province of South Africa. It is the seat of the Nelson Mandela Bay Metropolitan Municipality, South Africa's second-largest metropolitan district by area size. It is the sixth-most populous city in South Africa and is the cultural, economic and financial centre of the Eastern Cape. The city was founded as Port Elizabeth in 1820 by Sir Rufane Donkin, who was the governor of the Cape at the time. He named it after his late wife, Elizabeth, who had died in India. The Donkin memorial in the CBD of the city bears testament to this. Port Elizabeth was established by the government of the Cape Colony when 4,000 British colonists settled in Algoa Bay to strengthen the border region between the Cape Colony and the Xhosa. It is nicknamed "The Friendly City" or "The Windy City". In 2019, the Eastern Cape Geographical Names Committee recommended ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Albie Sachs
Albert "Albie" Louis Sachs (born 30 January 1935) is a South African lawyer, activist, writer, and former judge appointed to the first Constitutional Court of South Africa by Nelson Mandela. Early life and education Albie Sachs was born on 30 January 1935 in Johannesburg at the Florence Nightingale Hospital to Emil Solomon "Solly" Sachs, General Secretary to the Garment Workers' Union of South Africa, and Rachel "Ray" (née Ginsberg) Sachs (later Edwards). Both his mother and father fled to South Africa as children with parents who were escaping persecution against Jews in Lithuania. Sachs shared that at the time they left, the antisemitism had become so violent that "Every Easter, the Cossacks would ride into the villages and say, "'The Jews killed Christ, we're going to kill the Jews.' And my grandparents and others were fleeing into the forests and basements of buildings... so they wanted to escape." Both of his parents were politically active and his father expressed the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Prevention Of Illegal Eviction From And Unlawful Occupation Of Land Act
The Prevention of Illegal Eviction from and Unlawful Occupation of Land Act (PIE) is an act of the Parliament of South Africa which came into effect on 5 June, 1998, and which sets out to prevent arbitrary evictions. In terms of the Constitution of South Africa, "No one may be evicted from their home, or have their home demolished, without an order of court made after considering all the relevant circumstances. No legislation may permit arbitrary evictions." PIE sets out the procedure to be followed in the case of such evictions. In '' Port Elizabeth Municipality v Various Occupiers'', the Constitutional Court found that it "expressly requires the court to infuse elements of grace and compassion into the formal structures of the law." Eviction procedure The eviction procedure excludes the '' rei vindicatio'' and other common-law remedies for the vindication of ownership rights. PIE has application also where the occupation was lawful to begin with but became unlawful lat ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chapter 2 Of The Constitution Of South Africa
Chapter Two of the Constitution of South Africa contains the Bill of Rights, a human rights charter that protects the civil, political and socio-economic rights of all people in South Africa. The rights in the Bill apply to all law, including the common law, and bind all branches of the government, including the national executive, Parliament, the judiciary, provincial governments, and municipal councils. Some provisions, such as those prohibiting unfair discrimination, also apply to the actions of private persons. South Africa's first bill of rights was drafted primarily by Kader Asmal and Albie Sachs in 1988 from Asmal's home in Dublin, Ireland. The text was eventually contained in Chapter 3 of the transitional Constitution of 1993, which was drawn up as part of the negotiations to end apartheid. This "interim Bill of Rights", which came into force on 27 April 1994 (the date of the first non-racial election), was largely limited to civil and political rights (negative r ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. History Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England. Theory The word ''property'', in everyday ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Property Law
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 (and sometimes group) rights with respect to property, and the control of proprietary relationships between persons (both natural and juristic), as well as their rights and obligations.Mostert & Pope 6. The protective clause for property rights in the Constitution of South Africas 25. 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 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South African Law Reports
Case citation is a system used by legal professionals to identify past court case decisions, either in series of books called reporters or law reports, or in a neutral style that identifies a decision regardless of where it is reported. Case citations are formatted differently in different jurisdictions, but generally contain the same key information. A legal citation is a "reference to a legal precedent or authority, such as a case, statute, or treatise, that either substantiates or contradicts a given position." Where cases are published on paper, the citation usually contains the following information: * Court that issued the decision * Report title * Volume number * Page, section, or paragraph number * Publication year In some report series, for example in England, Australia and some in Canada, volumes are not numbered independently of the year: thus the year and volume number (usually no greater than 4) are required to identify which book of the series has the case reporte ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
