by admin | Apr 24, 2020 | Uncategorized
The Bill of Rights Our human rights are encapsulated in the Bill of Rights1 which forms part of our Constitution2, the highest law of our country. The Bill of Rights enshrines the rights of all people in our country and affirms the democratic values of human dignity,...
by admin | Nov 29, 2018 | Uncategorized
Written by: Andy Kabeng Introduction The distinction between land rights and mineral rights brought about by Mineral and Petroleum Resources Development Act 28 of 2002 (“MPRDA”) has been a contentious issue and resulting in a flood of litigation being brought before...
by admin | Sep 14, 2018 | Uncategorized
Matlala and Others v Platinum Group Metals (RSA) (Pty) Ltd and Another: Mining companies to be cautious when contracting In South Africa, the Courts have established that in order for an applicant to succeed with an application for a final interdict, the applicant...
by admin | Sep 5, 2018 | Uncategorized
Habitat Council v BPH Properties (Pty) Ltd: Court confirms that the grading of property has no significance to its protection under the National Heritage Resources Act The appellant, the Habitat Council (“Habitat”), a voluntary association concerned with conservation...
by admin | Aug 30, 2018 | Uncategorized
Court Confirms Municipal Powers: Telkom SA Soc Ltd, Kalu NO and Another v City of Cape Town Telkom SA (“Applicants”) sought a declaration that the provisions of the City of Cape Town’s Municipal Planning By-laws 2015 (“By-law”), Zoning Scheme Regulations and...
by admin | Aug 17, 2018 | Uncategorized
Plain view doctrine: finding evidence in open view does not amount to search and seizure without warrant Written by Morne Viljoen . The Constitution of the Republic of South Africa guarantees the right of all to privacy. This right to privacy includes the right of...