amaBhungane Centre for Investigative Journalism NPC and Another v Minister of Justice and Correctional Services and Others (25978/2017) [2019] ZAGPPHC 525 (16 September 2019)
Reported
amaBhungane Centre for Investigative Journalism NPC and Another v Minister of Justice and Correctional Services and Others (25978/2017) [2019] ZAGPPHC 525 (16 September 2019)
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Cited documents 6
Act
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Citizenship and Immigration
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Education
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Environment, Climate and Wildlife
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Health and Food Safety
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Human Rights
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International Law
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Labour and Employment
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Public administration
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Dispute Resolution and Mediation
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Finance and Money
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Labour and Employment
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Peace and Security
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Judgment
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A nominee‑ownership claim under s 3 of the Restitution Act falls within the exclusive jurisdiction of the Land Claims Court; eviction stayed pending LCC proceedings.
* Restitution of Land Rights Act s 3 – nominee ownership claims – entitlement to claim title where registered owner held land on behalf of a principal prevented from holding title by racially discriminatory laws.
* Jurisdiction – Land Claims Court – exclusive jurisdiction under Restitution Act s 22(1)(c) for s 3 claims; High Court lacked jurisdiction.
* Prescription – improper reliance on Abolition Act/Prescription Act in nominee claims; prescription question to be determined in Land Claims Court proceedings.
* Civil procedure – stay of proceedings under Superior Courts Act s 19(d); condonation and peremption principles in eviction context.
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Documents citing this one 1
Judgment
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Eviction based on misappropriated purchase funds fails where a valid sale agreement remains extant and occupation is lawful.
Eviction – lawfulness of occupation – PIE – Extant sale agreement – Full purchase price paid but title not transferred – Lawful occupation persists until valid termination – Misappropriation of funds by conveyancer does not, by itself, render occupation unlawful.
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