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Oudekraal Estates (Pty) Ltd v The City of Cape Town and others

Country/Territory
South Africa
Type of court
National - higher court
Date
Sep 3, 2009
Source
UNEP, InforMEA
Court name
Supreme Court of Appeal
Judge
Navsa, Van Heerden, Ponnan, Mhlantla and Wallis.
Reference number
[2009] ZASCA 85
Language
English
Subject
Land & soil, Environment gen., Legal questions
Keyword
Cultural heritage Land-use planning
Abstract
The Supreme Court of Appeal has dismissed the appeal brought by Kassie Wiehahn in his quest to have a Cape High Court ruling overturned. The ruling set aside the township agreement rights on a portion of his Oudekraal property on the slopes of Table Mountain. The development rights were granted to Wiehahn over 50 years ago. The courts took into consideration the right to freedom of religion and culture of members of the Muslim community as well as the rights of the broader community to have a heritage and environmental area of high significance preserved.
Full text
COU-159339.pdf