The five judges of the Appeal Court ruled that when the then administrator of the Cape Province approved the demarcation of the township in 1957 he acted invalidly. This was because he either did not know about the Muslim kramats (graves) of holy men on the land, or, if he did know, chose to disregard their existence. The judgment is important for three reasons:
- The plans by the developers to turn what is widely regarded as a valuable heritage site will have to be shelved.
- Most importantly, the judgment was largely based on the existence of the kramats and their significance to the religious and cultural life of the Muslim community - a sensitivity which the Bill or Rights requires.
- Its relevance for the rule of law relates to whether an administrative act can be ignored simply because it is unlawful.
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