South African Airways Unallocatable Debt Act, 2000

Conservation of Agricultural Resources Act 43 of 1983 (CARA) – regulation 9 – duties of land owners and land users to prevent overgrazing; Civil procedure – court may not grant un‑pleaded or overbroad orders without affording parties opportunity to respond; Administrative remedies under CARA do not oust ordinary civil remedies; Costs de bonis propriis – exceptional order justified for gross neglect and flagrant non‑compliance with court rules.

Expropriation — public purpose/public interest — transfer to state-controlled company under s 3(2)(h) — validity of IDZ operator permit and effect of transitional regulations — PAJA: failure to decide; threat of expropriation not necessarily deprivation — s 217 procurement not engaged — courts will not compel timing of expropriation.

• Procedural law – s 18(1) and (3) Superior Courts Act – bringing judgment into operation pending appeal – exceptional circumstances test; balance of probabilities requirement (irreparable harm to applicant; absence of irreparable harm to respondent). • Administrative law – s 139(1)(b) intervention – powers and duties of ministerial representative; effect of obstructing ministerial representative’s access and functions. • Civil procedure – launching a review does not automatically suspend the operation of the impugned decision absent agreement or court order. • Remedies – interim operationalisation of parts of judgment pending appeal; costs awarded against opposing party.

ESTA s24 — successor in title bound by prior owner’s consent to occupy and use land; Grazing rights — may be consensual ‘use’ binding on successors; Interim relief — occupier’s right to privacy and dignity protected by interdict against owner entering homestead; Disputes of fact over tenure and grazing referred to oral evidence; Rebuilding of damaged dwelling permissible where occupier’s habitability and dignity at stake.

* Property law – Eviction of unlawful occupiers from state-owned property; * Title rectification – validity of rectifying transfer to provincial government; * Delegation/donation of state land – chronology, registration and effect; * Administrative law – whether rectification/transfer constitutes administrative action (PAJA); * Prescription and acquisitive prescription; * Effect of spoliation orders on subsequent eviction proceedings.

Local government – executive committee membership – s 43(1) Municipal Structures Act – meaning of "elect" – majority vote by council required; constitutional fair representation (s 160(8)) secures proportional party participation but does not obligate council to accept a party's chosen individuals; s 53 removal power reinforces council's choice.