Brooklyn and Eastern Areas Citizens Association and Another v Uniqon Wonings (Pty) Ltd and Others (44689/2017) [2018] ZAGPPHC 525 (4 July 2018)

Brooklyn and Eastern Areas Citizens Association and Another v Uniqon Wonings (Pty) Ltd and Others (44689/2017) [2018] ZAGPPHC 525 (4 July 2018)

The court found that the applicants failed to satisfy the requirements for interim interdictory relief. The second applicant lacked locus standi as no certification for a class action was obtained. The relief sought was moot because construction had already commenced with the applicants' knowledge and without expeditious action to prevent it. The applicants did not establish a prima facie right to final relief, as their review would at most result in the matter being remitted for reconsideration, not the cessation of development. The apprehension of irreparable harm was not substantiated, and the balance of convenience favoured the respondents due to the substantial investment and ongoing...

Citation
[2018] ZAGPPHC 525
Parties
Applicant: Brooklyn and Eastern Areas Citizens Association; Applicant: A Class of Persons Affected by Municipal Services; Respondent: Uniqon Wonings (Pty) Ltd; Respondent: The Chairperson of the Municipal Appeals Tribunal, City of Tshwane; Respondent: Planning Tribunal, City of Tshwane; Respondent: The City of Tshwane Metropolitan Municipality
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
4 July 2018
Case Number
44689/2017
Procedural Posture
Urgent Application / Interim Interdict Pending Review Application
Outcome
Application dismissed with costs awarded to the first respondent.
Judges
Ellis
Legal Topics
Interim Interdict, Rezoning Review, Locus Standi, Delay and Mootness, Balance of Convenience, Municipal Appeals
Land and Property Administrative Law Civil Procedure Interim Interdict Rezoning Review Locus Standi Delay and Mootness Balance of Convenience +1 more

Case Brief

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Parties

Brooklyn and Eastern Areas Citizens Association

Applicant

A Class of Persons Affected by Municipal Services

Applicant

Uniqon Wonings (Pty) Ltd

Respondent

The Chairperson of the Municipal Appeals Tribunal, City of Tshwane

Respondent

Planning Tribunal, City of Tshwane

Respondent

The City of Tshwane Metropolitan Municipality

Respondent

Procedural Posture

Urgent Application / Interim Interdict Pending Review Application

Legal Issues

  1. 1 Whether the applicants are entitled to interim interdictory relief pending the finalisation of a review application regarding rezoning.
  2. 2 Whether the second applicant has locus standi to participate in the proceedings.
  3. 3 Whether the relief sought is moot due to the commencement of construction.

Ratio Decidendi

The court found that the applicants failed to satisfy the requirements for interim interdictory relief. The second applicant lacked locus standi as no certification for a class action was obtained. The relief sought was moot because construction had already commenced with the applicants' knowledge and without expeditious action to prevent it. The applicants did not establish a prima facie right to final relief, as their review would at most result in the matter being remitted for reconsideration, not the cessation of development. The apprehension of irreparable harm was not substantiated, and the balance of convenience favoured the respondents due to the substantial investment and ongoing...

Court Disposition

Application dismissed with costs awarded to the first respondent.

Orders

  • The application is dismissed.
  • First applicant is ordered to pay first respondent's costs on a party and party scale, including the costs of one counsel.