Graham Robert Herbert NO and Others v Senqu Municipality and Others (742/2020) [2021] ZASCA 177 (17 December 2021)

Flynote

Land - Upgrading of Land Tenure Rights Act 112 of 1991 – upgrading and conversion into ownership of Permission to Occupy granted in respect of erf in Sterkspruit – interpretation of s 3(1) of Upgrading Act – whether TEBA Property Trust as a holder of Permission to Occupy granted in terms of Native Trust and Land Act 18 of 1936 falls within class of persons in whose interest Upgrading Act was enacted –
TEBA Property Trust was not disadvantaged by Native Trust and Land Act or racially discriminatory laws and thus may not apply for conversion of its Permission to Occupy into a full title.


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