scholarly journals PLANNING AND ARUN's (NOT SO STRAIGHT AND NARROW) ROADS

2016 ◽  
Vol 19 ◽  
pp. 1
Author(s):  
Jeannie Van Wyk
Keyword(s):  
Land Use ◽  
Land Use Planning ◽  
Case Note ◽  
Constitutional Court ◽  
Western Cape ◽  
Land Use Management ◽  
Property Development ◽  
High Court ◽  
The Public ◽  
Formed Part

Arun Property Development (Pty) Ltd wished to subdivide portions of the farm Langeberg 311, Durbanville. The 1988 structure plan for the area had indicated that certain roads would traverse the property. These and other roads all formed part of a new subdivision known as Sonstraal Heights. As is customary, the ownership of the roads in the subdivision vested in the municipality in terms of section 28 of the Land Use Planning Ordinance 15 of 1985 (C) (LUPO) on the date of approval of the subdivision. Central to this provision is that no compensation is payable to the developer if the provision of the public roads is based on the normal need therefor arising from the subdivision. Since the developer was of the opinion that the roads it had provided exceeded the normal need, the issue that had to be resolved was whether compensation must be paid for roads beyond what would normally be required for a subdivision. The main issue that the courts, from the Western Cape High Court to the Constitutional Court in Arun Property Development (Pty) Ltd v City of Cape Town 2015 2 SA 584 (CC), had to deal with was whether the vesting of roads beyond the normal need therefor arising from the subdivision amounted to an expropriation of land for which compensation is payable in terms of section 25(2) of the Constitution. This case note looks at the different stages of the case, and in the process highlights the historical and legislative background and the subdivision process. It shows that the vesting of the ownership of roads in the municipality is similar to the payment of a development contribution, both of which can be categorised as deprivations of property in terms of the constitutional property clause. On 1 July 2015 LUPO was effectively superseded by the new Spatial Planning and Land Use Management Act 16 of 2013 (SPLUMA) and the Western Cape Land Use Planning Act 3 of 2014 (LUPA). Since SPLUMA does not and LUPA does contain a reference to the "normal needs" provision, the implications of Arun for the new legislative dispensation are addressed.

scholarly journals The Failure to Provide Notice of an Intended Gathering ‒ Mlungwana v The State (CCT32/18) 2018 ZACC 45 (CC)

Obiter ◽  
2019 ◽  
Vol 40 (2) ◽  
Author(s):  
Myrone Stoffels
Keyword(s):  
Local Authority ◽  
Unintended Consequences ◽  
Case Note ◽  
The State ◽  
Constitutional Court ◽  
Western Cape ◽  
Criminal Offence ◽  
High Court ◽  
The Right

Section 3 of the Regulation of Gatherings Act 205 of 1993 (RGA) requires the local authority within a municipal area to be notified of an intended gathering by the convener of such gathering. This notice is only required when the gathering will be attended by more than 15 people (s 1 of the RGA). The notice must contain all the important information pertaining to the protest (s 3(3)). Failure by the conveners of the gathering to provide such notice was regarded as a criminal offence in terms of section 12(1)(a) of the RGA. The Western Cape High Court in Mlungwana v The State (2018 (1) SACR 538 (WCC)) declared section 12(1)(a) of the RGA to be unconstitutional. The court found that the criminalisation of the failure of a convener to provide notice in terms of section 3 of the intended protest infringed the right to assemble as provided for in section 17 of the Constitution (Mlungwana v The State (WCC) supra par 95). The matter was referred to the Constitutional Court for confirmation of the Western Cape High Court judgment. The State further appealed the Western Cape High Court’s judgment. The Constitutional Court confirmed the judgment of the Western Cape High Court (Mlungwana v The State (CCT32/18) 2018 ZACC 45 (CC) par 112). The judgment of the Constitutional Court may have unintended consequences. The purpose of this case note is to discuss the unconstitutionality of section 12(1)(a) of the RGA.

Notes: ‘They’re not making land anymore’: A reading of the social function of property in Adonisi

2021 ◽  
Vol 138 (4) ◽  
pp. 697-715
Author(s):  
Thomas Coggin
Keyword(s):  
South African ◽  
Historical Geography ◽  
Cape Town ◽  
Social Function ◽  
Case Note ◽  
Provincial Government ◽  
Western Cape ◽  
High Court ◽  
The Social ◽  
Spatial Environment

In the Western Cape High Court decision of Adonisi, Gamble J framed the prevalence of well-located land scarcity in Cape Town with the phrase, ‘they’re not making land anymore’. In this case note, I present the court’s findings and reasoning in ruling against the Western Cape Provincial Government, and I argue we can read the judgment as an expression of the social function of property through two lenses: first, the manner in which the court situated the dispute within the spatial and historical geography of Cape Town; and, secondly, the way in which it prefaced the use value of property through its emphasis on meaning ful participation and on custodianship. Both lenses indicated the duty incumbent on the province as landowner and in service of its obligations under s 25(5) of the Constitution, which are important when resolving similar disputes given the scarred ownership landscape characterising the South African urban and spatial environment.

The Importance of Planning and Politics

Suburb ◽  
2017 ◽  
Author(s):  
Royce Hanson
Keyword(s):  
Land Use ◽  
Land Use Planning ◽  
Public Interest ◽  
Political Leaders ◽  
Half Century ◽  
The Public ◽  
General Plan ◽  
Silver Spring ◽  
Political Economies ◽  
Traditional Land Use

This book concludes with a discussion of Montgomery County's contribution to understanding planning politics. Montgomery's experience highlights the complementary roles and reasoning processes of planners and politicians as they sought to act in the public interest. One of the most valuable lessons planners and political leaders can take from Montgomery's cases is the importance of persistence in land use policy. This is evident in the General Plan, the Agricultural Reserve, and Silver Spring. Furthermore, Montgomery shows that planning matters even if planning politics is hard. This conclusion argues that planning for the next half-century will require a fusion of traditional land use planning with a broader capacity for rethinking Montgomery's role in the metropolitan, state, national, and world political economies. It ends by speculating on the county's future.

Labor Strategy and the Politics of Elite Division in Midtown Manhattan

2017 ◽  
Author(s):  
Ian Thomas MacDonald
Keyword(s):  
New York ◽  
Land Use ◽  
New York City ◽  
Real Estate ◽  
Land Use Planning ◽  
York City ◽  
Rapid Growth ◽  
Urban Land Use ◽  
Formed Part ◽  
Hotel Workers

This chapter discusses a campaign by the New York hotel workers to ensure new hotels built in East Midtown will employ unionized labor and continue to offer decent wages and benefits. This case shows how the New York Hotel Trades Council's (HTC) intervention in East Midtown formed part of a broader campaign to block hotel development in a sector that is increasingly fragmented by service format, and most worrisome, witnessing a rapid growth of hotels providing few services and competing on price, leading to a stronger employer opposition to unionization. The outcome of this case speaks unequivocally to organized labor's strength in New York City politics and to a growing recognition in real estate and policymaking circles of labor's importance in urban land use planning.

scholarly journals Sensitivity in the law of nuisance: Should people in glass houses expect voyeurs? Fearn v Tate Gallery [2019] EWHC 246 (Ch)

2019 ◽  
Vol 21 (2) ◽  
pp. 136-139 ◽  
Author(s):  
Chris Hilson
Keyword(s):  
Case Note ◽  
High Court ◽  
The Public ◽  
Environmental Tort ◽  
Key Issues ◽  
The Law

The case Fearn v Tate Gallery involved claims brought by luxury London flat owners for breach of privacy in relation to the Tate Modern’s nearby viewing platform. One of the key issues in the case, heard by Mann J in the High Court, was whether the floor-to-ceiling glass windows of the flats – through which members of the public on the viewing platform could easily gaze – meant the residents were unduly sensitive users of the land for the purposes of the tort of nuisance. This case note considers this question along with the principle in nuisance that it is normally no defence to say that the claimant came to the nuisance. Both sensitivity and the coming to the nuisance (non-) defence are important elements of nuisance as an environmental tort and hence the case is worthy of note for environmental lawyers.

scholarly journals THE INCONSISTENCY OF THE CONSTITUTIONAL COURT ON THE APPLICATION OF THE HYUNDAI-INSPIRED INTERPRETATION Democratic Alliance v Speaker of the National Assembly (CCT86/15) [2016] ZACC 8

Obiter ◽  
2017 ◽  
Vol 38 (3) ◽  
Author(s):  
Themba Maseko
Keyword(s):  
Rule Of Law ◽  
Separation Of Powers ◽  
Case Note ◽  
Constitutional Court ◽  
National Assembly ◽  
High Court ◽  
The Rule Of Law ◽  
The Republic ◽  
The One ◽  
Do So

The Hyundai-inspired interpretation obliges the courts to interpret, where possible, legislation in conformity with the Constitution of the Republic of South Africa 1996. This process involves taking into account the objects and purports of an Act and interpreting its provisions in the manner that complies with the constitutional values. Essentially, it ensures that courts give preference to an interpretation of legislation that is within the parameters of the provisions of the Constitution over the one that is not. However, courts do not apply the Hyundai-inspired interpretation if it cannot be ascribed to the provision of the legislation in question or if it is not reasonably possible for them to do so. Such situations include the Hyundai-inspired interpretation that unduly strains the text, or that obliges the court to read-in too many qualifications. In these situations, the courts have to declare the legislative provision in question unconstitutional and resort to the remedy of reading- in or notional severance. The Hyundai-inspired interpretation is evidenced in quite a number of cases. However, this case note critically dissects the manner in which the Constitutional Court applied it in the case of Democratic Alliance v Speaker of the National Assembly ((CCT86/15) [2016] ZACC 8).It concludes that the manner in which the Constitutional Court applied it, in this case, is inconsistent with the manner in which the Constitutional Court applied it in the case of Abahlali Basemjondolo six years earlier. When interpreting the word “disturbance” which section 1 of the Powers Privileges and Immunities of Parliament and Provincial Legislatures Act (4 of 2004) defined as “any act which interferes with or disrupts or which is likely to interfere with or disrupt the proceedings of Parliament or a House or Committee” and which the High Court had found to be too broad that it had the effect of finding a robust and controversial debate unconstitutional, the Constitutional Court unexpectedly read in too many qualifications to the word “disturbance” in conformity with the Constitution. The reason being, the Constitutional Court, six years earlier, found the approach of reading- in too many qualifications in conformity with the Constitution to be straining the text and to be contrary to the rule of law and the principle of separation of powers in the case of Abahlali Basemjondolo.

scholarly journals CASE NOTE: Illegal sales of alcohol and asset forfeiture

2016 ◽  
Author(s):  
Karabo Ngidi
Keyword(s):  
South Africa ◽  
Organised Crime ◽  
Case Note ◽  
Constitutional Court ◽  
High Court ◽  
Legal Limit ◽  
Asset Forfeiture ◽  
National Director ◽  
Business As Usual ◽  
The Impact

The Constitutional Court recently confirmed an order for the forfeiture of a house from which an unlawful shebeen had been run for years (Van der Burg and Another v National Director of Public Prosecutions).In deciding whether to confirm the order of the full bench of  the High Court, Justice van der Westhuizen, writing for a unanimous court, addressed the following questions: whether the house was an instrumentality of an offence; whether the illegal sale of alcohol is an organised crime; the proportionality of the crime to the forfeiture under the Prevention of Organised Crime Act 121 of 1998 (the POCA); as well as the impact of the forfeiture on the rights of the children that lived in the house. This judgment comes at a time where issues such as the proposal for the reduction of the legal limit of alcohol for drivers to 0%2 are topical, and seems to point to a tougher stance towards the sale and consumption of alcohol in South Africa. The judgment may therefore be seen as a warning that the illegal sale of alcohol and running of a shebeen will no longer be seen as business as usual in cases where the seller does not heed the call to desist such business.

scholarly journals Interview with Judge Kate O'Regan

2015 ◽  
Author(s):  
Elrena Van der Spuy
Keyword(s):  
South African ◽  
Final Report ◽  
Constitutional Court ◽  
Western Cape ◽  
Police Leadership ◽  
The Public ◽  
Safe Spaces ◽  
Public Inquiry ◽  
Commissions Of Inquiry ◽  
Inside Out

In August 2012 Kate O'Regan, a former judge of the South African Constitutional Court, was appointed by the premier of the Western Cape to head the Commission of Inquiry into Allegations of Police Inefficiency and a Breakdown in Relations between SAPS and the Community in Khayelitsha. Two years later, on 25 August 2014, the commission submitted its final report and recommendations. In this exchange O'Regan reflects from the inside out on some aspects of the public inquiry into policing in Khayelitsha. Here one finds reference to judicial independence and organisational autonomy of commissions of inquiry; the value of comparative lesson drawing for process design; the importance of creating safe spaces for all participants; and honouring the contributions of participants. Policing, O'Regan concludes, is a truly challenging enterprise. Both political and police leadership carry a moral responsibility to engage systemic and other challenges as identified in both of the Marikana and Khayelitsha reports. Not to do so would imply the abdication of responsibility to address the safety and security concerns of South African citizens.

scholarly journals Penetapan Kelas Kemampuan Lahan Dan Arahan Rehabilitasi Lahan Das Wai Batu Merah Kota Ambon Provinsi Maluku

Agrologia ◽  
2018 ◽  
Vol 7 (1) ◽  
Author(s):  
Rafael M Osok ◽  
Silwanus M Talakua ◽  
Dhanang Supriadi
Keyword(s):  
Land Use ◽  
Land Use Planning ◽  
Limiting Factors ◽  
Home Garden ◽  
Land Use Management ◽  
Observation Distance ◽  
Land Capability ◽  
Management Planning ◽  
Analytical Approaches ◽  
Proper Consideration

Land use planning requires a proper consideration, so that the function of land can take place continuously and sustainably. The objectives of the research were to establish the land capability class of Wai Batu Merah watershed its land use management in accordance with each land capability class. The research method was survey with synthetic and analytical approaches, and  flexible observation distance following physiographic change, soil type and land use within landunits. The results of the study showed that Wai Batu Merah watershed has 6 class and 12 sub-class land capability of II.B,KE3,e1, III.e2,  III.C, IV.b2, IV.D,b2, IV.D, VI.e4, VI.E, VII.e5, VII.F,e5, VII.F, and VIII.t5 with limiting factors of  slope steepness, erosion sensitivity, percentage of gravel and rock, and soil texture. Land use management planning  in the Wai Batu Merah watershed includes intensive, medium, and limited agriculture, intermediate and limited grazing, agroforestry, protection forest, forest, home garden, biopores and organic materials.Keywords: Land Capability Class, Wai Batu Merah Watershed

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