Constantine Panayotides v Mayor of the Steve Tshwete Local Municipality N.O and Others (68028/2012) [2015] ZAGPPHC 429 (1 July 2015)
The court held that the second respondent is obliged to comply with the Magistrate's Court order dated 1 August 2008, which requires the demolition of the building at 13A Laver Street, Middelburg. In the event of non-compliance within one month, the Sheriff is authorised to execute the demolition. The conduct of the...
Source-derived case information.
- Citation
- [2015] ZAGPPHC 429
- Parties
- Applicant: Constantine Panayotides; Respondent: Mayor of the Steve Tshwete Local Municipality N.O; Respondent: Steve Tshwete Local Municipality; Respondent: MEC for the Provincial Government of Mpumalanga; Respondent: William Jacobus Harrington; Respondent: Nexbed CC
- Court
- North Gauteng High Court, Pretoria
- Jurisdiction
- South Africa
- Case Number
- 68028/2012
- Procedural Posture
- Civil Application / Post Judgment Order
- Outcome
- Application granted; demolition order enforced; costs awarded on attorney and client scale including costs of two counsel.
- Judges
- C Pretorius
- Legal Topics
- Demolition Order, Enforcement of Magistrates Court Order, Costs Award
Source-derived case record
Summary, issues, holding and outcome
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Parties
Constantine Panayotides
Applicant
Mayor of the Steve Tshwete Local Municipality N.O
Respondent
Steve Tshwete Local Municipality
Respondent
MEC for the Provincial Government of Mpumalanga
Respondent
William Jacobus Harrington
Respondent
Nexbed CC
Respondent
Procedural Posture
Civil Application / Post Judgment Order
Legal Issues
- 1 Whether the second respondent is obliged to comply with the Magistrate's Court order to demolish the building at 13A Laver Street, Middelburg.
- 2 Whether the Sheriff should be authorised to enforce the demolition if the second respondent fails to comply.
- 3 Whether costs should be awarded on an attorney and client scale, including costs of two counsel.
Ratio Decidendi
The court held that the second respondent is obliged to comply with the Magistrate's Court order dated 1 August 2008, which requires the demolition of the building at 13A Laver Street, Middelburg. In the event of non-compliance within one month, the Sheriff is authorised to execute the demolition. The conduct of the second and fourth respondents justified an award of costs on an attorney and client scale, including the costs of two counsel, to be paid jointly and severally.
Court Disposition
Application granted; demolition order enforced; costs awarded on attorney and client scale including costs of two counsel.
Orders
- The second respondent is ordered to give effect to the Magistrate's Court order dated 1 August 2008 by demolishing the building on the property situated at 13A Laver Street, Middelburg, Mpumalanga.
- If the second respondent fails to comply within one month, the Sheriff is authorised to take any steps necessary to give effect to this order.
Full Case Text
Judgment text and source record
21 paragraphs
IN THE HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
Case number: 68028/2012
Date: 01 July 2015
In the matter between:
CONSTANTINE PANAYOTIDES....................................................................................APPLICANT
And
THE MAYOR OF THE STEVE TSHWETE LOCAL
MUNICIPALITY N.O............................................................................................1ST RESPONDENT
THE STEVE TSHWETE LOCAL MUNICIPALITY........................................2ND RESPONDENT
THE MEC FOR THE PROVINCIAL GOVERNMENT
OF MPUMALANGA.............................................................................................3RD RESPONDENT
WILLIAM JACOBUS HARRINGTON..............................................................4TH RESPONDENT
NEXBED CC..........................................................................................................5TH RESPONDENT
POSTEA JUDGMENT
PRETORIUS J,
[1] The order contained in the judgment handed down on 25 June 2015 did not make provision for the costs of two counsel. I therefor make the following order:
1. The second respondent is ordered to give effect to the order of the Magistrate’s Court dated 1 August 2008 by demolishing the building on the property situated at 13A Laver Street, Middelburg, Mpumalanga;
2. In the event of the second respondent failing to comply with the order in 1 above within one month of granting the order, the Sheriff is authorised to take any steps necessary to give effect to this order;
3. The second and fourth respondents to pay the costs of the application on an attorney and client scale including the costs of two counsel, jointly and severally, the one to pay the other to be absolved.
Judge C Pretorius