Attorney-General, Transvaal v Tayob
| Jurisdiction | South Africa |
| Judge | Hoexter JA, Van Blerk JA, Ogilvie Thompson JA, Botha JA and Williamson JA |
| Judgment Date | 12 March 1963 |
| Citation | 1963 (2) SA 460 (A) |
| Hearing Date | 18 February 1963 |
| Court | Appellate Division |
F Hoexter, J.A.:
The respondent appeared before the magistrate of Witbank on a charge of contravening sec. 9 (1) of Act 21 of 1940 in that he had unlawfully erected a structure, attached to the land, within a distance of 300 Cape feet from the centre line of a declared road. He was acquitted, and the appeal of the Attorney-General on a case stated by G the magistrate was dismissed, with costs, by the Transvaal Provincial Division, with leave to appeal to this Court.
The case stated by the magistrate reads as follows:
The building or structure in question is known as the 'Broadway Cash Stores' and is situated on portion 16 of portion C of the farm Seekoewater No. 311. J.S. in the district of Witbank. It is on farm land.
The present owner (the accused) bought the land and the buildings on it during 1952.
H The previous building, that was destroyed by fire during 1950 was there first, then came the road. It was situated about 38.3 Cape feet from the centre line of the road - that is to the front verandah of the building. It is far less than the 300 Cape feet allowed by the Act.
The tarred road in front of the building is a declared National Road.
During 1950, the store and dwelling house referred to in (c) above, was destroyed by a fire, but certain walls remained standing - to the height of 6 to 7 feet. The foundations also remained intact.
The accused caused the place to be repaired or rebuilt on his instructions during 1953. The new building referred to as Broadway Cash Stores, was built on the exising foundations, and partly standing walls.
Hoexter JA
New materials were also used e.g. new roof, windowns, doors, etc.
The building in question was built on the same foundations of the burnt down building and had not in any way been built any nearer the road than the previous building.'
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George Municipality v Vena and Another
...v Cape Town Council 1934 CPD 441; S v Antrim Court (Pty) Ltd and Another 1962 (4) SA 405 (C); Attorney-General, Transvaal v Tayob 1963 (2) SA 460 (A) is distinguishable in regard to the meaning of 'erect'. A L R Dison SC (with him P A L Gamble ) for the respondents referred B to the followi......
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Greeff NO v Registrar of Deeds, Cape Town, and Another
...rights. Steyn (op cit at 97-99); Deeble v Robinson [1954] 1 QB 77; In re Cono (1889) 43 ChD at 17; Attorney-General, Transvaal v Tayob 1963 (2) SA 460. See also Dhanabakium v Subrumanian and Another 1943 AD at E 167. (b) There is a presumption against the taking away of rights unless it is ......
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Port Nolloth Municipality v Xhalisa and Others; Luwalala and Others v Port Nolloth Municipality
...423C and see the remarks of Hoexter JA in the report of the Appellate Division in the same case in Attorney-General, Transvaal v Tayob 1963 (2) SA 460 at 464 where the learned Judge stated "the section should be interpreted in favour of the existence of common law rights...".' An analysis o......
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Wolman and Others v Wolman
...of recalling any witness. The executors will be entitled to take such part in the new proceedings as seems proper to the trial Judge. 1963 (2) SA p460 Hoexter In the circumstances of the present appeal the executors are entitled to the costs of appeal from the date on which the plaintiff's ......
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George Municipality v Vena and Another
...v Cape Town Council 1934 CPD 441; S v Antrim Court (Pty) Ltd and Another 1962 (4) SA 405 (C); Attorney-General, Transvaal v Tayob 1963 (2) SA 460 (A) is distinguishable in regard to the meaning of 'erect'. A L R Dison SC (with him P A L Gamble ) for the respondents referred B to the followi......
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Greeff NO v Registrar of Deeds, Cape Town, and Another
...rights. Steyn (op cit at 97-99); Deeble v Robinson [1954] 1 QB 77; In re Cono (1889) 43 ChD at 17; Attorney-General, Transvaal v Tayob 1963 (2) SA 460. See also Dhanabakium v Subrumanian and Another 1943 AD at E 167. (b) There is a presumption against the taking away of rights unless it is ......
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Port Nolloth Municipality v Xhalisa and Others; Luwalala and Others v Port Nolloth Municipality
...423C and see the remarks of Hoexter JA in the report of the Appellate Division in the same case in Attorney-General, Transvaal v Tayob 1963 (2) SA 460 at 464 where the learned Judge stated "the section should be interpreted in favour of the existence of common law rights...".' An analysis o......
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Wolman and Others v Wolman
...of recalling any witness. The executors will be entitled to take such part in the new proceedings as seems proper to the trial Judge. 1963 (2) SA p460 Hoexter In the circumstances of the present appeal the executors are entitled to the costs of appeal from the date on which the plaintiff's ......