Den Dunnen and Another v Zandspruit Estate Homeowners Association NPC and Another (4655/2019) [2025] ZALMPPHC 74 (16 April 2025)

Den Dunnen and Another v Zandspruit Estate Homeowners Association NPC and Another (4655/2019) [2025] ZALMPPHC 74 (16 April 2025)

The court found that the Maruleng Land-use Scheme, 2008, had been replaced by the Maruleng Land Use Scheme, 2021, prior to the hearing of the matter. As a result, any ruling on the 2008 Scheme would have no practical effect or enforcement, rendering the application moot. The court was not called upon to adjudicate the provisions of the 2021 Scheme, and its applicability to the parties was uncertain. The applicants had alternative remedies available through the Community Schemes Ombud Service, and the requirements for a final interdict were not met. The application was dismissed, and costs were awarded to the first respondent.

Citation
[2025] ZALMPPHC 74
Parties
Applicant: Martin Gert Den Dunnen; Applicant: Gideon Johannes van der Ploeg; Respondent: Zandspruit Estate Homeowners Association NPC; Respondent: Maruleng Municipality
Court
Limpopo High Court, Polokwane
Jurisdiction
South Africa
Judgment Date
16 April 2025
Case Number
4655/2019
Procedural Posture
Review Application / Opposed Motion; Points in Limine and Merits Considered
Outcome
Application dismissed as moot due to replacement of the applicable land-use scheme.
Judges
KL Pillay
Legal Topics
Land Use Scheme Interpretation, Community Schemes Ombud Services Act, Promotion of Administrative Justice Act, Mootness, Final Interdict, Costs Award
Land and Property Administrative Law Land Use Scheme Interpretation Community Schemes Ombud Services Act Promotion of Administrative Justice Act Mootness Final Interdict Costs Award

Case Brief

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Parties

Martin Gert Den Dunnen

Applicant

Gideon Johannes van der Ploeg

Applicant

Zandspruit Estate Homeowners Association NPC

Respondent

Maruleng Municipality

Respondent

Procedural Posture

Review Application / Opposed Motion; Points in Limine and Merits Considered

Legal Issues

  1. 1 Whether the application is rendered moot by the replacement of the Maruleng Land-use Scheme, 2008, with the 2021 Scheme.
  2. 2 Whether the applicants proved the zoning of the properties as 'Rural Residential' under the 2008 Scheme.
  3. 3 Whether the amended rules permitting short-term rentals contravened the applicable land-use scheme.

Ratio Decidendi

The court found that the Maruleng Land-use Scheme, 2008, had been replaced by the Maruleng Land Use Scheme, 2021, prior to the hearing of the matter. As a result, any ruling on the 2008 Scheme would have no practical effect or enforcement, rendering the application moot. The court was not called upon to adjudicate the provisions of the 2021 Scheme, and its applicability to the parties was uncertain. The applicants had alternative remedies available through the Community Schemes Ombud Service, and the requirements for a final interdict were not met. The application was dismissed, and costs were awarded to the first respondent.

Court Disposition

Application dismissed as moot due to replacement of the applicable land-use scheme.

Orders

  • The application is dismissed.
  • The applicants are ordered to pay the party/party costs, including the costs of two counsel on scale C, jointly and severally, the one paying the other to be absolved.