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The magistrate dismissed SA Alumenite's exception to the claim in reconvention. [citation needed] The matter was then taken by consent, in terms of Proclamation 145 of 1923, [2] to the Eastern Districts Local Division, which upheld the exception to the plea and also to the counterclaim. The case went before the Appellate Division on special leave.
The Constitution of the Republic of South Africa, 1996, as the supreme law of the Republic, provides the overarching framework for civil procedure; [6] the Constitution has been responsible for significant changes to civil procedure since its inception in the 1990s, as in, for example, debt collection matters, [7] access to the courts [8] and prescription, in particular with respect to ...
Aucamp v Morton [1] is an important case in South African contract law. It was heard in the Appellate Division by Watermeyer CJ , Centlivres JA , Schreiner JA , Van den Heever JA and Fagan AJA on 7 and 8 June 1949, with judgment on 21 June.
The respondents based their claim on two constitutional provisions: section 26 of the Constitution, which provides that everyone has the right of access to adequate housing, thereby imposing an obligation on the State to take reasonable legislative and other measures to ensure the progressive realisation of this right within its available resources; and
The Truth and Reconciliation Commission (TRC) was a court-like restorative justice [1] body assembled in South Africa in 1996 after the end of apartheid. [a] Authorised by Nelson Mandela and chaired by Desmond Tutu, the commission invited witnesses who were identified as victims of gross human rights violations to give statements about their experiences, and selected some for public hearings.
The South African law of delict engages primarily with 'the circumstances in which one person can claim compensation from another for harm that has been suffered'. [1] JC Van der Walt and Rob Midgley define a delict 'in general terms [...] as a civil wrong', and more narrowly as 'wrongful and blameworthy conduct which causes harm to a person'. [2]
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These injustices trapped the indigenous living in South Africa in a socio-economic crisis. The government claimed that the aim of the Natives Land Act was to control and redistribute farmland in South Africa in hope to remove poverty and benefit all. Despite this claim, it resulted in a massive increase of poverty for indigenous peoples.