Diepsloot Residents' and Landowners' Association v Administrator, Transvaal (321/93) [1994] ZASCA 24; 1994 (3) SA 336 (AD); [1994] 2 All SA 299 (A) (24 March 1994)

Diepsloot Residents' and Landowners' Association v Administrator, Transvaal (321/93) [1994] ZASCA 24; 1994 (3) SA 336 (AD); [1994] 2 All SA 299 (A) (24 March 1994)

The Supreme Court of Appeal held that the interference with the rights of the Diepsloot residents resulting from the settlement of the Zevenfontein squatters was authorised by the Less Formal Township Establishment Act and was not wrongful. The Act was enacted to address urgent urbanisation and squatter issues, and its provisions implied statutory authority for such interference. The respondent's decision was preceded by thorough investigation and consideration of alternatives, and there was no evidence of gross unreasonableness or failure to apply the mind. The condition in the designation notice was resolutive, not suspensive, and did not preclude immediate settlement. The appeal was...

Citation
[1994] ZASCA 24
Parties
Appellant: Diepsloot Residents' and Landowners' Association; Appellant: Stuart Aitchinson; Respondent: Administrator, Transvaal
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
24 March 1994
Case Number
321/93
Procedural Posture
Civil Appeal / Appeal From Dismissal of Application for Interdict and Review
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Botha, Smalberger, FH Grosskopf, Nicholas, Olivier
Legal Topics
Statutory Authority, Public Nuisance, Less Formal Township Establishment Act, Expropriation, Review of Administrative Action
Administrative Law Land and Property Statutory Authority Public Nuisance Less Formal Township Establishment Act Expropriation Review of Administrative Action

Case Brief

Summary, issues, holding and outcome

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Parties

Diepsloot Residents' and Landowners' Association

Appellant

Stuart Aitchinson

Appellant

Administrator, Transvaal

Respondent

Procedural Posture

Civil Appeal / Appeal From Dismissal of Application for Interdict and Review

Legal Issues

  1. 1 Whether the appellants are entitled to an interdict restraining the respondent from settling persons on the Diepsloot site.
  2. 2 Whether the respondent's decision to establish an informal settlement at the Diepsloot site was grossly unreasonable and thus reviewable.
  3. 3 Whether the respondent's designation of the Diepsloot site in terms of section 3(1) of the Less Formal Township Establishment Act was suspended pending approval of the final layout plan and draft conditions of establishment.

Ratio Decidendi

The Supreme Court of Appeal held that the interference with the rights of the Diepsloot residents resulting from the settlement of the Zevenfontein squatters was authorised by the Less Formal Township Establishment Act and was not wrongful. The Act was enacted to address urgent urbanisation and squatter issues, and its provisions implied statutory authority for such interference. The respondent's decision was preceded by thorough investigation and consideration of alternatives, and there was no evidence of gross unreasonableness or failure to apply the mind. The condition in the designation notice was resolutive, not suspensive, and did not preclude immediate settlement. The appeal was...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, such costs to include the costs of two counsel.