Theart And Another V Minnaar NO; Senekal V Winskor 174 (Pty) Ltd
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Theart And Another V Minnaar NO; Senekal V Winskor 174 (Pty) Ltd
''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 5 November 2009, with judgment handed down on 3 December. The central issue was the proper interpretation and application of section 4 of the Prevention of Illegal Eviction from and Unlawful Occupation of Land Act 19 of 1998 (PIE) in the magistrates' courts. In two cases of unlawful occupation of land and actions for statutory eviction from such land, both appealed from the Cape Town High Court, the notice requirements of the Magistrates' Courts came under scrutiny. The Magistrates' Courts Rules compel a procedure differing from that in the High Court of South Africa. However, in a judgment written by Judge of Appeal Ronnie Bosielo, the Supreme Court found that, as long as the notice achieves the general purpose contemplated by the PIE a ...
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Supreme Court Of Appeal (South Africa)
The Supreme Court of Appeal (SCA), formerly known as the Appellate Division, is an appellate court in South Africa. It is located in Bloemfontein, the "judicial capital" of South Africa. History On the creation of the Union of South Africa from four British colonies in 1910, the supreme courts of the colonies became provincial divisions of the new Supreme Court of South Africa, and the Appellate Division was created as a purely appellate court superior to the provincial divisions. It was the seat of some of the country's most outstanding judges including Innes CJ, Watermeyer CJ, Galgut JA, Wessels CJ and Schreiner JA. In 1994 the Constitutional Court of South Africa was created with jurisdiction superior to the Appellate Division, but it could hear only in constitutional matters. The Appellate Division, therefore, remained the highest court in non-constitutional matters. In 1997 the Appellate Division became the Supreme Court of Appeal and was given constitutional jurisdic ...
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Eviction
Eviction is the removal of a tenant from rental property by the landlord. In some jurisdictions it may also involve the removal of persons from premises that were foreclosed by a mortgagee (often, the prior owners who defaulted on a mortgage). Depending on the laws of the jurisdiction, eviction may also be known as unlawful detainer, summary possession, summary dispossess, summary process, forcible detainer, ejectment, and repossession, among other terms. Nevertheless, the term ''eviction'' is the most commonly used in communications between the landlord and tenant. Depending on the jurisdiction involved, before a tenant can be evicted, a landlord must win an eviction lawsuit or prevail in another step in the legal process. It should be borne in mind that ''eviction'', as with ''ejectment'' and certain other related terms, has precise meanings only in certain historical contexts (e.g., under the English common law of past centuries), or with respect to specific jurisdict ...
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Supreme Court Of Appeal Of South Africa Cases
Supreme may refer to: Entertainment * Supreme (character), a comic book superhero * ''Supreme'' (film), a 2016 Telugu film * Supreme (producer), hip-hop record producer * "Supreme" (song), a 2000 song by Robbie Williams * The Supremes, Motown-era singer group * Supreme Pictures Corporation, 1930s film company Other * Supreme (brand), a clothing brand based in New York * Supreme (cookery), a term used in cookery * Supreme, Louisiana, a census-designated place in the United States * Supreme Soviet, the highest legislation body of Soviet Union, dissolved in 1991 * Oldsmobile Cutlass Supreme, car produced by Oldsmobile between 1966 and 1997 * Plaxton Supreme, British coach bodywork built in the late 1970s and early 1980s See also * Supreme Records (other), several record labels * Supremo (other) Supremo may refer to: * ''Supremo'' (film), a 2012 Filipino biographical film about Andrés Bonifacio * ''Supremo'' (album), a 2011 album by Chino y Nacho * Supremo (c ...
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Unlawful Occupiers, School Site V City Of Johannesburg
Illegal, or unlawful, typically describes something that is explicitly prohibited by law, or is otherwise forbidden by a state or other governing body. Illegal may also refer to: Law * Violation of law * Crime, the practice of breaking the criminal law * An illegal immigrant, a person that performed illegal immigration Illegal immigration is the migration of people into a country in violation of the immigration laws of that country or the continued residence without the legal right to live in that country. Illegal immigration tends to be financially upwar ... Entertainment * ''The Illegal'' (novel) (2015), by Canadian writer Lawrence Hill Films * ''Illegal'' (1932 film), British * ''Illegal'' (1955 film), American * ''Illegal'' (2010 film), Belgian * ''The Illegal'' (2019), film starring Suraj Sharma Music * Illegal (group), a 1990s rap group * "Illegal" (song), a track from pop singer Shakira's 2005 release, ''Oral Fixation Vol. 2'' See also * * '' ...
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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 ...
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Cape Killarney Property Investments (Pty) Ltd V Mahamba And Others
A cape is a clothing accessory or a sleeveless outer garment which drapes the wearer's back, arms, and chest, and connects at the neck. History Capes were common in medieval Europe, especially when combined with a hood in the chaperon. They have had periodic returns to fashion - for example, in nineteenth-century Europe. Roman Catholic clergy wear a type of cape known as a ferraiolo, which is worn for formal events outside a ritualistic context. The cope is a liturgical vestment in the form of a cape. Capes are often highly decorated with elaborate embroidery. Capes remain in regular use as rainwear in various military units and police forces, in France for example. A gas cape was a voluminous military garment designed to give rain protection to someone wearing the bulky gas masks used in twentieth-century wars. Rich noblemen and elite warriors of the Aztec Empire would wear a tilmàtli; a Mesoamerican cloak/cape used as a symbol of their upper status. Cloth and ...
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Bloemfontein
Bloemfontein, ( ; , "fountain of flowers") also known as Bloem, is one of South Africa's three capital cities and the capital of the Free State (province), Free State province. It serves as the country's judicial capital, along with legislative capital Cape Town and Administration (government), administrative capital Pretoria. Bloemfontein is the seventh-largest city in South Africa. Situated at an elevation of above sea level, the city is home to approximately 520,000 residents and forms part of the Mangaung Metropolitan Municipality which has a population of 747,431. It was one of the host cities for the 2010 FIFA World Cup. The city of Bloemfontein hosts the Supreme Court of Appeal (South Africa), Supreme Court of Appeal of South Africa, the Franklin Game Reserve, :af:Naval Hill, Naval Hill, the Maselspoort, Maselspoort Resort and the :af:Sand du Plessis-teaterkompleks, Sand du Plessis Theatre. The city hosts numerous museums, including the National Women's Monument, th ...
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Cape Town
Cape Town ( af, Kaapstad; , xh, iKapa) is one of South Africa's three capital cities, serving as the seat of the Parliament of South Africa. It is the legislative capital of the country, the oldest city in the country, and the second largest (after Johannesburg). Colloquially named the ''Mother City'', it is the largest city of the Western Cape province, and is managed by the City of Cape Town metropolitan municipality. The other two capitals are Pretoria, the executive capital, located in Gauteng, where the Presidency is based, and Bloemfontein, the judicial capital in the Free State, where the Supreme Court of Appeal is located. Cape Town is ranked as a Beta world city by the Globalization and World Cities Research Network. The city is known for its harbour, for its natural setting in the Cape Floristic Region, and for landmarks such as Table Mountain and Cape Point. Cape Town is home to 66% of the Western Cape's population. In 2014, Cape Town was named the best place ...
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Chapter Two 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 ...
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Cape Killarney Property Investments V Mahamba
A cape is a clothing accessory or a sleeveless outer garment which drapes the wearer's back, arms, and chest, and connects at the neck. History Capes were common in medieval Europe, especially when combined with a hood in the chaperon. They have had periodic returns to fashion - for example, in nineteenth-century Europe. Roman Catholic clergy wear a type of cape known as a ferraiolo, which is worn for formal events outside a ritualistic context. The cope is a liturgical vestment in the form of a cape. Capes are often highly decorated with elaborate embroidery. Capes remain in regular use as rainwear in various military units and police forces, in France for example. A gas cape was a voluminous military garment designed to give rain protection to someone wearing the bulky gas masks used in twentieth-century wars. Rich noblemen and elite warriors of the Aztec Empire would wear a tilmàtli; a Mesoamerican cloak/cape used as a symbol of their upper status. Cloth and ...
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