Title:
Oudekraal Estates (Pty) Ltd v The City of Cape Town and others
Party:
South Africa
Region:
Africa
Type of document:
National - higher court
Date of text:
September 03, 2009
Data source:
InforMEA
Court name:
Supreme Court of Appeal
Justice(s):
Navsa, Van Heerden, Ponnan, Mhlantla and Wallis.
Reference number:
[2009] ZASCA 85
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.
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