Highway Junction (PTY) Ltd and Others v DI-Thabeng Truck and Taxi (PTY) Ltd (5821/2021) [2022] ZAFSHC 178 (27 July 2022)

Highway Junction (PTY) Ltd and Others v DI-Thabeng Truck and Taxi (PTY) Ltd (5821/2021) [2022] ZAFSHC 178 (27 July 2022)

The court found that the property is zoned for agricultural use and truck parking only, as per the zoning certificate and title deed. The Di-Thabeng Group's argument that their activities fall under the broader definition of 'truck stop' was rejected, as the zoning does not permit ancillary facilities such as ablution, rest areas, or retail operations. The Applicants failed to prove ongoing environmental or building plan transgressions, as construction had ceased pending municipal approval and no evidence of future violations was presented. The court held that the Applicants are entitled to an interdict restraining the Di-Thabeng Group from using the property for any purpose other than...

Citation
[2022] ZAFSHC 178
Parties
Applicant: Highway Junction (PTY) Ltd; Applicant: Swinburne Village Home Owners Association NPC; Applicant: Swinburne Store CC; Respondent: DI-Thabeng Truck and Taxi (PTY) Ltd; Respondent: DI-Thabeng Logistics (PTY) Ltd; Respondent: DI-Thabeng Finance (PTY) Ltd; Respondent: DI-Thabeng Fuel Supply (PTY) Ltd; Respondent: DI-Thabeng Fuel Management (PTY) Ltd; Respondent: Member of the Executive Council, Free State Provincial Department of Economic, Small Business Development, Tourism and Environmental Affairs; Respondent: Maluti-A-Phofung Local Municipality; Respondent: Minister of Water and Sanitation; Respondent: Minister of Mineral Resources and Energy; Respondent: Controller of Petroleum Products
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
27 July 2022
Case Number
5821/2021
Procedural Posture
Final Interdict Application / Judgment After Hearing
Outcome
Interdict granted in part; Applicants succeed only on the zoning issue. No costs order.
Judges
ZIETSMAN P
Legal Topics
Zoning and Land Use, Municipal Planning by Law, Spatial Planning and Land Use Management Act, National Environmental Management Act, Petroleum Products Act, Building Regulations
Land and Property Environmental Law Civil Procedure Zoning and Land Use Municipal Planning by Law Spatial Planning and Land Use Management Act National Environmental Management Act Petroleum Products Act +1 more

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Parties

Highway Junction (PTY) Ltd

Applicant

Swinburne Village Home Owners Association NPC

Applicant

Swinburne Store CC

Applicant

DI-Thabeng Truck and Taxi (PTY) Ltd

Respondent

DI-Thabeng Logistics (PTY) Ltd

Respondent

DI-Thabeng Finance (PTY) Ltd

Respondent

DI-Thabeng Fuel Supply (PTY) Ltd

Respondent

DI-Thabeng Fuel Management (PTY) Ltd

Respondent

Member of the Executive Council, Free State Provincial Department of Economic, Small Business Development, Tourism and Environmental Affairs

Respondent

Maluti-A-Phofung Local Municipality

Respondent

Minister of Water and Sanitation

Respondent

Minister of Mineral Resources and Energy

Respondent

Controller of Petroleum Products

Respondent

Procedural Posture

Final Interdict Application / Judgment After Hearing

Legal Issues

  1. 1 Whether the Di-Thabeng Group may use the property for purposes other than agriculture and truck parking under the current zoning.
  2. 2 Whether the Di-Thabeng Group is unlawfully retailing petroleum products without a retail license.
  3. 3 Whether the Di-Thabeng Group committed environmental transgressions and constructed buildings without approved plans.

Ratio Decidendi

The court found that the property is zoned for agricultural use and truck parking only, as per the zoning certificate and title deed. The Di-Thabeng Group's argument that their activities fall under the broader definition of 'truck stop' was rejected, as the zoning does not permit ancillary facilities such as ablution, rest areas, or retail operations. The Applicants failed to prove ongoing environmental or building plan transgressions, as construction had ceased pending municipal approval and no evidence of future violations was presented. The court held that the Applicants are entitled to an interdict restraining the Di-Thabeng Group from using the property for any purpose other than...

Court Disposition

Interdict granted in part; Applicants succeed only on the zoning issue. No costs order.

Orders

  • The First to Fifth Respondents are interdicted and restrained from using the property, Portion 5 of the Farm Franshoek No 1861, Swinburne, Free State Province, for any uses other than agricultural and truck parking until the land use has been changed in terms of the Spatial Planning and Land Use Management Act, 16...
  • Each party to pay its own costs.