Full Text Available
Note: Clicking the button above will open the full text document at the original institutional repository in a new window.
Analysis of the tacit hypothec : section 118 of the Local Government : Municipal Systems Act 32 of 2000 in light of the CC’s judgment in Jordaan v City of Tshwane
Dissertation (LLB)-University of Pretoria, 2018.
Saved in:
| Other Authors: | |
|---|---|
| Format: | Thesis |
| Language: | English |
| Published: |
University of Pretoria
2019
|
| Subjects: | |
| Tags: |
No Tags, Be the first to tag this record!
|
| _version_ | 1867613652513718272 |
|---|---|
| access_status_str | Open Access |
| author2 | Brits, Reghard |
| author_browse | Brits, Reghard |
| author_facet | Brits, Reghard |
| collection | Thesis |
| dc_rights_str_mv | © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. |
| description | Dissertation (LLB)-University of Pretoria, 2018. |
| format | Thesis |
| id | oai:repository.up.ac.za:2263/69151 |
| institution | University of Pretoria (South Africa) |
| language | English |
| last_indexed | 2026-06-10T12:39:33.363Z |
| license_str | Other — see source repository |
| provenance_str_mv | Harvested via OAI-PMH from UPSpace — University of Pretoria Institutional Repository |
| publishDate | 2019 |
| publishDateRange | 2019 |
| publishDateSort | 2019 |
| publisher | University of Pretoria |
| publisherStr | University of Pretoria |
| record_format | dspace |
| source_str | UPSpace — University of Pretoria Institutional Repository |
| spelling | oai:repository.up.ac.za:2263/69151 Analysis of the tacit hypothec : section 118 of the Local Government : Municipal Systems Act 32 of 2000 in light of the CC’s judgment in Jordaan v City of Tshwane Brits, Reghard m.ngidi@up.ac.za Ngidi, Mzwandile UCTD Real Security Law Dissertation (LLB)-University of Pretoria, 2018. Finally, the Constitutional Court has cleared the air surrounding the interpretation of section 118 of the Local Government: Municipal Systems Act 32 of 2000. This dissertation evaluates and examines the interpretation of subsection (1) and (3) of the Systems Act. In this dissertation I argue that the historical debts which subsist in the immovable property extinguish upon the transfer of the property to the new owner. In previous cases the court has held that historical debts incurred in the land by the previous owner do not lapse when the land is transferred to another person. By implication, the court suggested that the municipality does not lose its limited real rights in the property in question even if the property is no longer in the name of the person who incurred municipal service fees. Consequently, the municipality may obtain an execution order against the property in order to recover its outstanding historical debts. It goes without saying that this would have drastic repercussions to the new owner of the property should the local authority decide to execute the land. As such I argue that this interpretation is incorrect for a number of reasons provided in this dissertation. In the recent case of Jordaan vs The City of Tshwane the Constitutional Court provided clarity regarding the interpretation these subsections. Therefore, the problem of this research revolves around the interpretation and the constitutionality of subsection (1) and (3) of the Systems Act Mercantile Law LLM Unrestricted 2019-05-16T15:45:11Z 2019-05-16T15:45:11Z 2019-04-04 2018 Mini Dissertation Ngidi, M 2018, Analysis of the tacit hypothec : section 118 of the Local Government : Municipal Systems Act 32 of 2000 in light of the CC’s judgment in Jordaan v City of Tshwane, LLM Mini Dissertation, University of Pretoria, Pretoria, viewed yymmdd <http://hdl.handle.net/2263/69151> http://hdl.handle.net/2263/69151 en © 2019 University of Pretoria. All rights reserved. The copyright in this work vests in the University of Pretoria. No part of this work may be reproduced or transmitted in any form or by any means, without the prior written permission of the University of Pretoria. application/pdf University of Pretoria |
| spellingShingle | UCTD Real Security Law Analysis of the tacit hypothec : section 118 of the Local Government : Municipal Systems Act 32 of 2000 in light of the CC’s judgment in Jordaan v City of Tshwane |
| title | Analysis of the tacit hypothec : section 118 of the Local Government : Municipal Systems Act 32 of 2000 in light of the CC’s judgment in Jordaan v City of Tshwane |
| title_full | Analysis of the tacit hypothec : section 118 of the Local Government : Municipal Systems Act 32 of 2000 in light of the CC’s judgment in Jordaan v City of Tshwane |
| title_fullStr | Analysis of the tacit hypothec : section 118 of the Local Government : Municipal Systems Act 32 of 2000 in light of the CC’s judgment in Jordaan v City of Tshwane |
| title_full_unstemmed | Analysis of the tacit hypothec : section 118 of the Local Government : Municipal Systems Act 32 of 2000 in light of the CC’s judgment in Jordaan v City of Tshwane |
| title_short | Analysis of the tacit hypothec : section 118 of the Local Government : Municipal Systems Act 32 of 2000 in light of the CC’s judgment in Jordaan v City of Tshwane |
| title_sort | analysis of the tacit hypothec section 118 of the local government municipal systems act 32 of 2000 in light of the cc s judgment in jordaan v city of tshwane |
| topic | UCTD Real Security Law |
| url | http://hdl.handle.net/2263/69151 |