Bras v Stadsraad van Randburg (402/90) [1992] ZASCA 47; 1992 (3) SA 371 (AD); [1992] 2 All SA 133 (A) (30 March 1992)

Bras v Stadsraad van Randburg (402/90) [1992] ZASCA 47; 1992 (3) SA 371 (AD); [1992] 2 All SA 133 (A) (30 March 1992)

The court held that section 63(1) of the Town Planning and Townships Ordinance 15 of 1986 requires the local authority to dispatch the registered letter demanding payment for engineering services within 30 days from the date the approved amendment scheme comes into operation. The statute does not require the letter to be received by the landowner within that period. The ordinary grammatical meaning of 'gelas' (order) does not imply receipt or knowledge by the recipient within the prescribed period. The legislature could have expressly required receipt within 30 days if that was its intention, as it did in other sections. Therefore, the respondent's right to claim the contribution did not...

Citation
[1992] ZASCA 47
Parties
Appellant: J. Bras; Respondent: Stadsraad van Randburg
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 March 1992
Case Number
402/90
Procedural Posture
Civil Appeal / Appeal From Dismissal of Application in Witwatersrand Local Division
Outcome
Appeal dismissed with costs.
Judges
Joubert, Vivier, F H Grosskopf, Van den Heever, Harms
Legal Topics
Town Planning Ordinance, Statutory Interpretation, Registered Notice Requirement
Land and Property Civil Procedure Town Planning Ordinance Statutory Interpretation Registered Notice Requirement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

J. Bras

Appellant

Stadsraad van Randburg

Respondent

Procedural Posture

Civil Appeal / Appeal From Dismissal of Application in Witwatersrand Local Division

Legal Issues

  1. 1 Whether section 63(1) of the Town Planning and Townships Ordinance 15 of 1986 requires the registered letter to be received by the landowner within 30 days of the scheme's commencement.
  2. 2 Whether the respondent's right to claim payment for engineering services from the appellant lapsed due to late receipt of the registered letter.

Ratio Decidendi

The court held that section 63(1) of the Town Planning and Townships Ordinance 15 of 1986 requires the local authority to dispatch the registered letter demanding payment for engineering services within 30 days from the date the approved amendment scheme comes into operation. The statute does not require the letter to be received by the landowner within that period. The ordinary grammatical meaning of 'gelas' (order) does not imply receipt or knowledge by the recipient within the prescribed period. The legislature could have expressly required receipt within 30 days if that was its intention, as it did in other sections. Therefore, the respondent's right to claim the contribution did not...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.