Original language
English
Country
South Africa
Date of text
Status
Unknown
Type of court
National - higher court
Sources
Court name
Supreme Court of Appeal
Reference number
[2009] ZASCA 85
Files
Justice(s)
Navsa, Van Heerden, Ponnan, Mhlantla and Wallis.
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.