Buffalo City Metropolitan Municipality v Transnet Soc Limited and Another (EL313/2016, ECD813/2016) [2017] ZAECELLC 8 (9 May 2017)

Buffalo City Metropolitan Municipality v Transnet Soc Limited and Another (EL313/2016, ECD813/2016) [2017] ZAECELLC 8 (9 May 2017)

The applicant established that the property was zoned as Transport Zone 1 and that its right to manage land use was being interfered with by the respondents' commercial activities. However, the first respondent proved that as at 1 April 1996, the property was used for commercial purposes, and under section 13(4)(a)(ii) of the SATS Act, the applicant is deemed to have consented to such use. The applicant failed to show that it had not consented or that the property was not used for commercial purposes at the relevant date. The applicant also failed to demonstrate the existence of an agreement or administrator's approval that would exclude the application of section 13(2)-(4). As a result,...

Citation
[2017] ZAECELLC 8
Parties
Applicant: Buffalo City Metropolitan Municipality; Respondent: Transnet Soc Limited; Respondent: Drifters Raceway Theme Park (Pty) Ltd
Court
Eastern Cape High Court, East London Local Court
Jurisdiction
South Africa
Judgment Date
9 May 2017
Case Number
EL313/2016, ECD813/2016
Procedural Posture
Urgent Application / Judgment
Outcome
Application dismissed with costs.
Judges
G H Bloem
Legal Topics
Zoning Scheme Regulations, Municipal Land Use Control, Final Interdict Requirements, Existing Use Provisions, Legal Succession to South African Transport Services Act
Land and Property Administrative Law Zoning Scheme Regulations Municipal Land Use Control Final Interdict Requirements Existing Use Provisions Legal Succession to South African Transport Services Act

Case Brief

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Parties

Buffalo City Metropolitan Municipality

Applicant

Transnet Soc Limited

Respondent

Drifters Raceway Theme Park (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether the applicant satisfied the requirements for a final interdict.
  2. 2 Whether the first respondent can rely on section 13(4) of the Legal Succession to the South African Transport Services Act to justify the existing use of the property.
  3. 3 Whether the property was zoned as Transport Zone 1 and used in contravention of zoning scheme regulations.

Ratio Decidendi

The applicant established that the property was zoned as Transport Zone 1 and that its right to manage land use was being interfered with by the respondents' commercial activities. However, the first respondent proved that as at 1 April 1996, the property was used for commercial purposes, and under section 13(4)(a)(ii) of the SATS Act, the applicant is deemed to have consented to such use. The applicant failed to show that it had not consented or that the property was not used for commercial purposes at the relevant date. The applicant also failed to demonstrate the existence of an agreement or administrator's approval that would exclude the application of section 13(2)-(4). As a result,...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicant is ordered to pay the costs of the application.