Housing Amendment Act, 2001

Act 4 of 2001

Housing Amendment Act, 2001

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History of this document

01 February 2002
15 June 2001 this version
13 June 2001
Assented to

Cited documents 0

Documents citing this one 82

Judgment
4
Reported
The court held provincial authorities negligent for failing to repair a dangerous pothole, but apportioned damages due to contributory negligence.
Delict – negligence – legal duty of public authorities to repair or warn of dangerous potholes – reasonableness of conduct of provincial authorities – contributory negligence – apportionment of liability.
Driver’s excessive speed on a wet gravel road was sole cause; provincial road authority not liable.
Roads law; negligence — driver’s excessive speed on wet gravel road as proximate cause; municipal/provincial authority liability for road maintenance; onus of proof for negligent maintenance; apportionment of liability and costs.
Refusal of building plans was reviewed and set aside because refurbishment did not constitute an "extension" under the town planning scheme.
Town planning – petrol service station – meaning of “extend” – existing station refurbishment not an extension; Administrative law – review on ground of material error of law; Building plans – decision to ‘not approve’ constitutes a refusal; Remittal with directions under PAJA s 8(1)(c)(i); Access to provincial road – not a valid ground to refuse plans for an existing lawful station.
Reported
An MEC cannot confer subpoena powers without a Premier's proclamation under the provincial Commissions Act.
Municipal Systems Act s106(1)(b) and (2) – provincial Commissions Act applicable – Premier must appoint commissions by proclamation in Provincial Gazette – subpoenas require secretary's signature and authorised service – principle of legality; MEC cannot delegate subpoena powers absent proper provincial appointment.
By-law
1
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