justa causa

Literal translation

just cause; lawful or sufficient reason

Legal meaning

In South African legal usage, iusta causa refers to a legally sufficient reason or proper ground for an act, claim, or legal consequence. It commonly appears in discussions of enrichment, possession, and transfer, where a recognised legal basis is required to justify retention or acquisition. The phrase may also be used more broadly to indicate a valid juridical reason supporting a right, remedy, or procedural step.

Examples

• The court considered whether the enrichment had occurred without iusta causa.
• Transfer of possession may be scrutinised to determine whether there was a valid iusta causa.
• A party relying on a remedy may need to show iusta causa for the relief claimed.

• 🇿🇦 Gaffoor NO v Vangates Investments (Pty) Ltd
• 🇿🇦 Legator McKenna Inc v Shea
  Supreme Court of Appeal of South Africa· 2008-11-27· 143/08

  THE SUPREME COURT OF APPEAL REPUBLIC OF SOUTH AFRICA JUDGMENT Case number

• 🇿🇦 Marvanic Development (Pty) Ltd v Minister of Safety and Security
  Supreme Court of Appeal of South Africa· 2006-03-20· 232/05

  without lawful cause' is not to be equated with the common law concept of justa causa possessionis. If it were, then the phrase would be superfluous, and there would

• 🇿🇦 Kunene and Others v Minister of Police
  Supreme Court of Appeal of South Africa· 2021-06-10· 260/2020

  integrum would be granted, such as fraud, justus error or some other just cause (iusta causa). The question is therefore whether, in this case, any one of these grounds exist

• 🇿🇦 Oriental Products (Pty) Limited v Pegma 178 Investments Trading CC and Others
  Supreme Court of Appeal of South Africa· 2010-12-01· 126/2010

  the causal system of transfer. Under the causal system of transfer, a valid cause (iusta causa) giving rise to the transfer is a sine qua non for the transfer

• 🇿🇦 Andries Frederick Dreyer NO and Another v AXZS Industries (Pty) Ltd
  Supreme Court of Appeal of South Africa· 2005-09-26· 250/04

  our law. In accordance with this theory, a valid underlying legal transaction or iusta causa traditionis is not a requirement for the valid transfer of ownership. Otherwise stated, the validity

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Areas of law