Harrington v Panayodites (A921/2015) [2017] ZAGPPHC 1187 (10 November 2017)

Harrington v Panayodites (A921/2015) [2017] ZAGPPHC 1187 (10 November 2017)

The court held that a municipality which has obtained a demolition order under section 21 of the National Building Regulations and Building Standards Act 103 of 1977 is obliged to execute the order and does not enjoy a discretion to ignore or suspend its operation, except where exceptional circumstances are sanctioned by a court. The municipality's failure to demolish the illegally erected building, despite the lapse of nine years and repeated unsuccessful attempts by the appellant to obtain approval, constituted a breach of its statutory duty to uphold the law. The court found that the municipality's conduct amounted to condoning ongoing illegality and criminality, which cannot be...

Citation
[2017] ZAGPPHC 1187
Parties
Appellant: William Jacobus Harrington; Respondent: Constantine Panayodites
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
10 November 2017
Case Number
A921/2015
Procedural Posture
Civil Appeal / Appeal From Single Judge Decision; Judgment Delivered
Judges
Makgoka, Mabuse, Baqwa
Legal Topics
National Building Regulations Act, Demolition Orders, Municipal Discretion, Mandamus, Rule of Law, Judicial Oversight
Land and Property Administrative Law Civil Procedure National Building Regulations Act Demolition Orders Municipal Discretion Mandamus Rule of Law +1 more

Case Brief

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Parties

William Jacobus Harrington

Appellant

Constantine Panayodites

Respondent

Procedural Posture

Civil Appeal / Appeal From Single Judge Decision; Judgment Delivered

Legal Issues

  1. 1 Whether a municipality which has obtained a demolition order under section 21 of the National Building Regulations and Building Standards Act 103 of 1977 enjoys a discretion whether to demolish the building in accordance with the court order.
  2. 2 Whether the municipality breached its statutory duty by failing to demolish the illegally erected building.
  3. 3 What modalities should govern the execution of a demolition order to ensure safety of adjacent buildings.

Ratio Decidendi

The court held that a municipality which has obtained a demolition order under section 21 of the National Building Regulations and Building Standards Act 103 of 1977 is obliged to execute the order and does not enjoy a discretion to ignore or suspend its operation, except where exceptional circumstances are sanctioned by a court. The municipality's failure to demolish the illegally erected building, despite the lapse of nine years and repeated unsuccessful attempts by the appellant to obtain approval, constituted a breach of its statutory duty to uphold the law. The court found that the municipality's conduct amounted to condoning ongoing illegality and criminality, which cannot be...