Erasmus v Ntenje and Others (LCC 202/2017) [2018] ZALCC 18 (26 November 2018)

Erasmus v Ntenje and Others (LCC 202/2017) [2018] ZALCC 18 (26 November 2018)

The court found that the issues raised by the applicant regarding the applicability of municipal planning laws and the National Building Regulations and Building Standards Act to her property were arguable and had reasonable prospects of success. The applicant's title deed contained conditions requiring local authority approval, supporting the contention that the property was within the municipal area prior to the establishment of 'wall to wall' local government. The court also determined that the issue of prescription or inordinate delay under section 14 of ESTA was of general importance and warranted consideration by a higher court to provide certainty. Accordingly, leave to appeal was...

Citation
[2018] ZALCC 18
Parties
Applicant: Anna Johanna Erasmus; Respondent: Godfrey Ntenje; Respondent: Unknown Individuals Occupying Smallholding 54, Andeon Agricultural Holdings, Pretoria; Respondent: City of Tshwane Metropolitan Municipality; Respondent: Minister of Trade and Industry; Respondent: Department of Human Settlements: Gauteng Province; Amicus Curiae: Afrisake NPC
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
26 November 2018
Case Number
LCC 202/2017
Procedural Posture
Leave to Appeal / Application for Leave to Appeal After Judgment
Outcome
Leave to appeal granted to the Supreme Court of Appeal on all issues except costs.
Judges
MP Canca
Legal Topics
Building Regulations, Municipal Planning, Extension of Security of Tenure Act, Prescription, Interdict, Demolition Orders
Land and Property Civil Procedure Building Regulations Municipal Planning Extension of Security of Tenure Act Prescription Interdict Demolition Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Anna Johanna Erasmus

Applicant

Godfrey Ntenje

Respondent

Unknown Individuals Occupying Smallholding 54, Andeon Agricultural Holdings, Pretoria

Respondent

City of Tshwane Metropolitan Municipality

Respondent

Minister of Trade and Industry

Respondent

Department of Human Settlements: Gauteng Province

Respondent

Afrisake NPC

Amicus Curiae

Procedural Posture

Leave to Appeal / Application for Leave to Appeal After Judgment

Legal Issues

  1. 1 Whether the National Building Regulations and Building Standards Act and municipal planning laws apply to the applicant's property.
  2. 2 Whether the applicant is entitled to interdict and demolition relief against the respondents for construction and occupation without approval.
  3. 3 Whether the defense of prescription or inordinate delay applies to relief sought under section 14 of ESTA.

Ratio Decidendi

The court found that the issues raised by the applicant regarding the applicability of municipal planning laws and the National Building Regulations and Building Standards Act to her property were arguable and had reasonable prospects of success. The applicant's title deed contained conditions requiring local authority approval, supporting the contention that the property was within the municipal area prior to the establishment of 'wall to wall' local government. The court also determined that the issue of prescription or inordinate delay under section 14 of ESTA was of general importance and warranted consideration by a higher court to provide certainty. Accordingly, leave to appeal was...

Court Disposition

Leave to appeal granted to the Supreme Court of Appeal on all issues except costs.

Orders

  • The applicant is granted leave to appeal to the Supreme Court of Appeal the whole of the judgment and order handed down on 12 June 2018.
  • The costs of this application are to be costs in the appeal.