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The room has the view

In refusing the application, The Independent on Saturday reports that the registrar of the Constitutional Court said that "... having considered the application ... the court is of the opinion that there is no reasonable prospect that an appeal will succeed." The municipality maintained that the SCA ruling in Gregory J Paola v Jaivadan Jeeva NO & Others would severely diminish a person's right to property and result in arbitrary or unequal treatment of property owners on the basis that the person who developed first would have a right and neighbouring property owners who developed later would have to yield to that right.

In opposing the application Paola maintained that there was no constitutional basis for it, widespread town planning problems would not arise, and that the loss of value could be calculated by objective criteria.

Full report in The Independent on Saturday

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