Your trial period has expired.
Please subscribe to a plan to continue using the app.
Constitutional Law — Right to adequate housing — Obligation of state to address spatial injustice — Applicants sought to appeal against the Supreme Court of Appeal's decision regarding the obligations of the Provincial Government of the Western Cape and the City of Cape Town to provide adequate housing and engage in meaningful public participation in land disposal. The court found that the Province and the City failed to comply with constitutional obligations to progressively realise the right to adequate housing and to engage the public meaningfully regarding the disposal of state land. The impugned regulations governing public participation were declared unconstitutional and invalid.
Execution — Section 18(3) application — Application for leave to appeal and execution of order pending appeal — Community sought to execute order terminating receivership of Marico Chrome Corporation — Court required to assess exceptional circumstances, irreparable harm to parties, and prospects of success of the appeal — Exceptional circumstances found due to unlawful governance by Receivers and misstatements in financial records — Application for execution granted, allowing Community to regain control of the company pending appeal.
Leave to appeal — Grounds for leave to appeal — Application for leave to appeal dismissed — Receivership — Court found that receivership does not outlive the compromise that created it — Community held to be the shareholder in Marico Chrome, with locus standi to bring the application — No reasonable prospect of success in the appeal — Costs awarded against the applicants.
Civil Procedure — Urgent application — Reconsideration of ex parte order — Respondents applied for reconsideration of an ex parte order granted in their absence, alleging that the applicants failed to establish a case for urgent relief — Court held that respondents were entitled to present additional facts during reconsideration — Despite new information, the court found that the original order would still have been granted — Application for reconsideration dismissed, with costs.
Joinder — Application for intervention — Late application for intervention by Mr. Sebogodi on behalf of the Traditional Council opposed by the Bahurutse Boo Manyana Traditional Community — Court finding that Mr. Sebogodi lacked locus standi as he did not demonstrate a direct and substantial interest in the outcome of the proceedings — Application for intervention dismissed.