Brooklyn Security Village NPC v City of Tshwane (87035/2014) [2015] ZAGPPHC 305 (13 May 2015)

Brooklyn Security Village NPC v City of Tshwane (87035/2014) [2015] ZAGPPHC 305 (13 May 2015)

The court found that the applicant failed to establish the requirements for interim relief, as there were no pending legal proceedings and no status quo ante to preserve. The relief sought would require the court to authorise actions reserved for the municipal council under the Rationalisation Act, which it cannot do. However, the court recognised the unreasonable delay by the respondent in processing the application and the ongoing infringement of the applicant's members' constitutional rights. In the interests of justice, the court granted a structural interdict compelling the respondent to process the application within eight weeks and to afford the applicant a full opportunity to be...

Citation
[2015] ZAGPPHC 305
Parties
Applicant: Brooklyn Security Village NPC; Respondent: City of Tshwane
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
13 May 2015
Case Number
87035/2014
Procedural Posture
Review Application / Judgment After Hearing on Interim and Alternative Relief
Outcome
Application for interim relief dismissed; structural interdict granted compelling respondent to process application; no order as to costs.
Judges
E M Kubushi
Legal Topics
Restriction of Access to Public Places, Structural Interdict, Interim Interdict, Municipal Powers, Delay in Administration
Administrative Law Civil Procedure Restriction of Access to Public Places Structural Interdict Interim Interdict Municipal Powers Delay in Administration

Case Brief

Summary, issues, holding and outcome

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Parties

Brooklyn Security Village NPC

Applicant

City of Tshwane

Respondent

Procedural Posture

Review Application / Judgment After Hearing on Interim and Alternative Relief

Legal Issues

  1. 1 Whether the applicant is entitled to interim relief pending the respondent's decision on its chapter 7 application.
  2. 2 Whether the respondent's failure to process the application constitutes a reviewable administrative action.
  3. 3 Whether the court can authorise the erection of access control structures in the absence of municipal approval.

Ratio Decidendi

The court found that the applicant failed to establish the requirements for interim relief, as there were no pending legal proceedings and no status quo ante to preserve. The relief sought would require the court to authorise actions reserved for the municipal council under the Rationalisation Act, which it cannot do. However, the court recognised the unreasonable delay by the respondent in processing the application and the ongoing infringement of the applicant's members' constitutional rights. In the interests of justice, the court granted a structural interdict compelling the respondent to process the application within eight weeks and to afford the applicant a full opportunity to be...

Court Disposition

Application for interim relief dismissed; structural interdict granted compelling respondent to process application; no order as to costs.

Orders

  • The respondent is ordered and directed to take all steps necessary to process the application lodged with it on 16 November 2012 by the applicant and to give due and proper consideration to the application within eight weeks of this order.
  • The respondent is ordered and directed to give the applicant a full opportunity to be heard in connection with the application.