Cullinan Properties Ltd v Transvaal Board for the Development of Peri-Urban Areas

JudgeMelamet J
Judgment Date18 October 1977
Citation1978 (1) SA 282 (T)
Hearing Date09 June 1977
CourtTransvaal Provincial Division

Cullinan Properties Ltd v Transvaal Board for the Development of Peri-Urban Areas
1978 (1) SA 282 (T)

1978 (1) SA p282


Citation

1978 (1) SA 282 (T)

Court

Transvaal Provincial Division

Judge

Melamet J

Heard

June 9, 1977

Judgment

October 18, 1977

Flynote : Sleutelwoorde

Township — Endowment to the local authority under sec. 27 (1) (d) of Ord. B 11 of 1931 (T) — When payable — Only when an erf is disposed of by the owner — Not disposed of by owner when an erf is expropriated by the Railways Administration — Endowment therefore not payable on the compensation received.

Headnote : Kopnota

Section 27 (1) (d) of the Townships and Town Planning Ordinance, 11 of C 1931 (T), in terms of which the Administrator is empowered, when granting an application for the establishment of a township, to impose a condition that: "Wherever any erf in a township... is disposed of by the owner by way of sale, barter or gift or in any other manner such owner shall pay, as an endowment to the local authority within whose area of jurisdiction such erf is situated on the date of such disposal... such percentage as may be fixed by the Administrator when imposing this condition of the D value of such erf as at the date of such disposal...", requires an act by the owner. It is only when an erf is disposed of by the owner that endowment is payable. The owner is therefore not bound to pay an endowment on the compensation received by it for the expropriation of an erf by the South African Railways and Harbours Administration, because that does not constitute a "disposal of in any other manner" by the owner, within the meaning of the section. E

Case Information

Application for a declaratory order. The facts appear from the reasons for judgment.

D. J. H. le Roux, S.C. (with him T. J. Kruger), for the applicant.

W. J. van der Merwe, for the respondent.

Cur adv vult. F

Postea (October 18).

Judgment

Melamet, J.:

Cullinan Properties Ltd - the applicant herein - was at all G material times the township owner of the township Clayville Extension No. 4 which was proclaimed on 14 September 1966 and of portion 1 of erf 575 situate therein.

The Transvaal Board for the Development of Peri-Urban Areas, a statutory body, and the local authority under whose jurisdiction the aforesaid township falls is the respondent herein.

Applicant seeks an order against respondent in the following terms:

"(a)

declaring that in terms of sec. 27 (1) (d) of Ord. 11 of 1931 (T) and condition No. 9 of the conditions of establishment relating to the township of Clayville Extension No. 14, proclaimed on 14 September 1966, no H endowment money is payable by the applicant to the respondent on the compensation paid by the South African Railways and Harbours Administration pursuant to the expropriation of portion 1 of erf 575 of the said township;

(b)

ordering the respondent to pay the costs of this application in the

1978 (1) SA p283

Melamet J

event of its resisting the relief sought in prayer (a) but not otherwise;

(c)

granting such further or alternative relief as this Honourable Court deems meet."

A The township was proclaimed under the provisions of the Township's and Town Planning Ordinance, 11 of 1931 (T), subject to certain conditions imposed by the Administrator of the province of Transvaal. Although the township was proclaimed after the provisions of the Town Planning and Townships Ordinance, 25 of 1965, had come into operation, by virtue of B sec. 93 (1) thereof, the proclamation of the township still took place under the provisions of Ord. 11 of 1931.

In terms of sec. 27 (1) (d) of Ord. 11 of 1931 (T), the Administrator is empowered, when granting an application for the establishment of a township, to impose a condition that:

"wherever any erf in a township... is disposed of by the owner by way of C sale, barter or gift or in any other manner such owner shall pay, as an endowment to the local authority within whose area of jurisdiction such erf is situated on the date of such disposal..................

.................. such percentage as may be fixed by the Administrator when imposing this condition of the value of such erf as at the date of such disposal...................."

D The Afrikaans version of the section empowering the Administrator to levy such endowment on an erf

"wat deur die dorpseienaar verkoop, verhandel of geskenk of op enige ander manier van die hand gesit word."

By virtue of the above power the Administrator imposed, inter alia, condition 9 on the proclamation of the township which reads as follows:

"The applicant shall... pay quarterly as an endowment to the local E authority an amount representing 15 per cent on land value only of all erven disposed of by the applicant by way of sale, barter or gift or in any other manner such value to be calculated as at the date of such disposal..."

The Afrikaans version of the proclamation relates to

"alle erwe wat deur die applikant verkoop, verruil of geskenk of op enige manier van die hand gesit word"

F and the value is to be calculated as at

"die datum waarop dit aldus van die hand gesit word."

The applicant proceeded with the township on the conditions, including the aforesaid, which were imposed on proclamation.

By notice dated 15 December 1975 addressed to applicant the South African...

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3 practice notes
  • Stead v Conradie en Andere
    • South Africa
    • Invalid date
    ...Alexander Michaelis NO 1947 (4) SA 521 (A) op 537; Cullinan Properties Ltd v Transvaal Board for the Development of Peri-Urban Areas 1978 (1) SA 282 (T) op Dawidowitz v Van Drimmelen 1913 TPD 672 op 676; Ese Financial Services (Pty) Ltd v Cramer 1973 (2) SA 805 (K) op 808-9. E Re Florence L......
  • Matjhabeng Municipality v Rovers Rugby Club
    • South Africa
    • Free State Division, Bloemfontein
    • 12 May 2011
    ...JAGER v WHITTAKER AND ANOTHER 1944 AD 46 on p 50 and CULLINAN PROPERTIES LTD v TRANSVAAL BOARD FOR THE DEVELOPMENT OF PERI-URBAN AREAS 1978 (1) SA 282 (T) at 284A – [86] The leasing of an immovable property owned by a local government requires a council resolution - section 14(2). 2011 JDR ......
  • Fosfaat-Ontginningskorporasie Bpk v Phalaborwa Stadsraad en 'n Ander
    • South Africa
    • Invalid date
    ...Tail Homes (Pty) Ltd 1978 (2) SA 872 (A) te 889; Cullinan Properties Ltd v Transvaal Board for the Development of Peri-Urban Areas 1978 (1) SA 282 (T). Uit die bepalings van die Ordonnansie, sowel as uit die aangehaalde gewysdes, is dit duidelik dat die begiftigingsgelde (skenkings) in verh......
3 cases
  • Stead v Conradie en Andere
    • South Africa
    • Invalid date
    ...Alexander Michaelis NO 1947 (4) SA 521 (A) op 537; Cullinan Properties Ltd v Transvaal Board for the Development of Peri-Urban Areas 1978 (1) SA 282 (T) op Dawidowitz v Van Drimmelen 1913 TPD 672 op 676; Ese Financial Services (Pty) Ltd v Cramer 1973 (2) SA 805 (K) op 808-9. E Re Florence L......
  • Matjhabeng Municipality v Rovers Rugby Club
    • South Africa
    • Free State Division, Bloemfontein
    • 12 May 2011
    ...JAGER v WHITTAKER AND ANOTHER 1944 AD 46 on p 50 and CULLINAN PROPERTIES LTD v TRANSVAAL BOARD FOR THE DEVELOPMENT OF PERI-URBAN AREAS 1978 (1) SA 282 (T) at 284A – [86] The leasing of an immovable property owned by a local government requires a council resolution - section 14(2). 2011 JDR ......
  • Fosfaat-Ontginningskorporasie Bpk v Phalaborwa Stadsraad en 'n Ander
    • South Africa
    • Invalid date
    ...Tail Homes (Pty) Ltd 1978 (2) SA 872 (A) te 889; Cullinan Properties Ltd v Transvaal Board for the Development of Peri-Urban Areas 1978 (1) SA 282 (T). Uit die bepalings van die Ordonnansie, sowel as uit die aangehaalde gewysdes, is dit duidelik dat die begiftigingsgelde (skenkings) in verh......

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