De Winnaar and Others v Viveiros and Others (3512/2019) [2020] ZAFSHC 45 (5 March 2020)

De Winnaar and Others v Viveiros and Others (3512/2019) [2020] ZAFSHC 45 (5 March 2020)

The court found that the respondents, as owners, permitted third parties to conduct business from their property in contravention of restrictive title conditions and the applicable town planning scheme. The argument that renting out the property is not equivalent to allowing or permitting unlawful use was rejected, as the respondents' conduct fell within the definition of 'allow'. The applicants, as residents of the area, had sufficient interest and locus standi to seek interdictory relief. The existence of alternative remedies, such as criminal prosecution or municipal intervention, did not preclude the granting of a final interdict, as breach of zoning provisions constitutes sufficient...

Citation
[2020] ZAFSHC 45
Parties
Applicant: Cornelia Florein De Winnaar; Applicant: David Kenneth Stones; Applicant: Barend Hendrik Jacobus Groenewald; Respondent: Manuel De Jesus Viveiros; Respondent: Teresa Maria Josê; Respondent: Mangaung Metropolitan Municipality
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
5 March 2020
Case Number
3512/2019
Procedural Posture
Urgent Application / Final Interdict Application
Outcome
Application for a final interdict granted in favour of the applicants.
Judges
Mhlambi
Legal Topics
Restrictive Title Conditions, Town Planning Scheme, Final Interdict, Locus Standi, Alternative Remedy
Land and Property Civil Procedure Restrictive Title Conditions Town Planning Scheme Final Interdict Locus Standi Alternative Remedy

Case Brief

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Parties

Cornelia Florein De Winnaar

Applicant

David Kenneth Stones

Applicant

Barend Hendrik Jacobus Groenewald

Applicant

Manuel De Jesus Viveiros

Respondent

Teresa Maria Josê

Respondent

Mangaung Metropolitan Municipality

Respondent

Procedural Posture

Urgent Application / Final Interdict Application

Legal Issues

  1. 1 Whether the respondents' conduct in allowing other persons to conduct business from their premises justifies an interdict against them.
  2. 2 Whether the applicants have the necessary locus standi to bring this application.
  3. 3 Whether the applicants have established that they have no other satisfactory remedy available other than the interdict.

Ratio Decidendi

The court found that the respondents, as owners, permitted third parties to conduct business from their property in contravention of restrictive title conditions and the applicable town planning scheme. The argument that renting out the property is not equivalent to allowing or permitting unlawful use was rejected, as the respondents' conduct fell within the definition of 'allow'. The applicants, as residents of the area, had sufficient interest and locus standi to seek interdictory relief. The existence of alternative remedies, such as criminal prosecution or municipal intervention, did not preclude the granting of a final interdict, as breach of zoning provisions constitutes sufficient...

Court Disposition

Application for a final interdict granted in favour of the applicants.

Orders

  • The first and second respondents are interdicted and restrained from conducting or allowing any other person to conduct a business from the premises situated at 121 Albrecht Street, Dan Pienaar, Bloemfontein described as Erf 6274, Dan Pienaar, Bloemfontein.
  • The first and second respondents are ordered, jointly and severally, to pay the costs of this application, the one paying the other to be absolved.