n South African Law Journal - Public purpose and changing circumstances : Harvey v Umhlatuze Municipality & others : notes
|Article Title||Public purpose and changing circumstances : Harvey v Umhlatuze Municipality & others : notes|
|© Publisher:||Juta Law Publishing|
|Journal||South African Law Journal|
|Affiliations||1 Stellenbosch University and 2 Stellenbosch University|
|Publication Date||Jan 2012|
|Pages||219 - 235|
The purpose of this note is to highlight an interesting point raised in the recent decision in Harvey v Umhlatuze Municipality & others 2011 (1) SA 601 (KZP) (Harvey). In Harvey, the applicant's property was expropriated for a valid public purpose, namely creating a recreational area for general use by the public. However, once the expropriation was completed, it appeared that the original public purpose could not be realised. As a result, the expropriating authority (the municipality) decided to change the intended use of the property. The changed purpose would involve selling the land on tender to a private developer. The applicant reclaimed his expropriated property on the basis that the public purpose for which the property was originally expropriated was abandoned. To substantiate his claim the applicant relied on s 25 of the Constitution of the Republic of South Africa, 1996 and on authority in German law.
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