Enslin N.O. and Others v Municipal Manager: Nelson Mandela Bay Municipality and Others (2431/2013) [2015] ZAECPEHC 5 (29 January 2015)

Enslin N.O. and Others v Municipal Manager: Nelson Mandela Bay Municipality and Others (2431/2013) [2015] ZAECPEHC 5 (29 January 2015)

The court held that SANS 10400-T: 2011 clearly distinguishes between the method of measuring fire safety distances for buildings on the same site and those on adjoining sites. For buildings on separate sites, the fire safety distance is measured from each building to the boundary line, not aggregated. The applicants' interpretation would require the court to read words into the standard that are not present, which is impermissible. The court emphasized that any deficiency in the standard should be rectified by the appropriate authority, not by judicial interpretation. Accordingly, there were no reasonable prospects of success on appeal.

Citation
[2015] ZAECPEHC 5
Parties
Applicant: Huisbrecht Johanna Enslin NO; Applicant: Jan Frederick Enslin NO; Applicant: Royden B Whitfield NO; Respondent: Municipal Manager: Nelson Mandela Bay Municipality; Respondent: Nelson Mandela Bay Municipality; Respondent: Rosanne Ayliff Burmeister; Respondent: Registrar of Deeds
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
29 January 2015
Case Number
2431/2013
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
C Plasket
Legal Topics
Building Regulations, Interpretation of Standards, Fire Safety Distances
Administrative Law Land and Property Building Regulations Interpretation of Standards Fire Safety Distances

Case Brief

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Parties

Huisbrecht Johanna Enslin NO

Applicant

Jan Frederick Enslin NO

Applicant

Royden B Whitfield NO

Applicant

Municipal Manager: Nelson Mandela Bay Municipality

Respondent

Nelson Mandela Bay Municipality

Respondent

Rosanne Ayliff Burmeister

Respondent

Registrar of Deeds

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Review Application

Legal Issues

  1. 1 Whether the court erred in interpreting Part T1 of the National Building Regulations read with SANS 10400-T: 2011 regarding fire safety distances between buildings.
  2. 2 Whether both fire safety distances for adjoining properties must be aggregated when determining compliance with the standard.

Ratio Decidendi

The court held that SANS 10400-T: 2011 clearly distinguishes between the method of measuring fire safety distances for buildings on the same site and those on adjoining sites. For buildings on separate sites, the fire safety distance is measured from each building to the boundary line, not aggregated. The applicants' interpretation would require the court to read words into the standard that are not present, which is impermissible. The court emphasized that any deficiency in the standard should be rectified by the appropriate authority, not by judicial interpretation. Accordingly, there were no reasonable prospects of success on appeal.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The applicants are ordered to pay the costs.