Legislation and Litigation
Note that all legislation is easily accessible and obtainable on www.acts.co.za.
The SRA is currently engaged in several legal actions against the Stellenbosch Municipality - challenging the legality of the 2009/2010 budget due to patent conflicts of interest and irregular proceedings, and appealing the approval of an application for the development of Brandwacht Wine Farm, adjacent to the suburbs of Dalsig and Brandwacht, on the Southern urban edge of Stellenbosch which will entail the rezoning of vineyards for urban development, and the development of farm land adjacent to Vriesenhof Wine farm in Paradyskloof, currently on long term lease from the Stellenbosch Municipality, for a luxury golf estate.
Legislation applicable includes:
- Uitspraak beveilig boere se waterregte
- The National Environmental Management Act
- Local Municipal Structures Act
- Public Administration Justice Act ( read 2004_2__kotze_art - Application of the Public Administration Justice Act)
- Prevention and Combating of Corruption Act (12/2004) - see www.acts.co.za
- Grootboom_Bredeel Case ( Invasions, evictions and the law in South Africa)
- Allaclas Investments (Pty) Ltd, Alexander Simonis (Private Nuisance action) - see www.acts.co.za
- Development Facilitation Act, 1995 - see www.acts.co.za
- Bullock NO and Others v Provincial Government of North West Province and Another, 2004 (The present appeal raises the question whether the disposal by an organ of State of a right in property vested in it, may be administrative action; and if so, who has standing to approach a court for different forms of relief).
- Latest opinion on art. 102 of the Municipal Systems Act
- Mnquma local Municipality vd Premier of the Eastern Cape ( Provincial intervention in local municipal government):
- Rates and Tariffs. Final.
Finale hoofde soos opgehanding 21 Okt 09 - Applicant's supplementary note re Standing 21 October, 2009.
- Tender 34 : Judgement/Uitspraak:
- Tender 34 Judgement 18 November 2009