Ibuyile Development Consortium and Another v Premier of Western Cape and Others (1204/12) [2012] ZAWCHC 204 (19 March 2012)

Ibuyile Development Consortium and Another v Premier of Western Cape and Others (1204/12) [2012] ZAWCHC 204 (19 March 2012)

The court found that the relief sought was interim in nature, as it would not finally determine the rights to develop precincts 3 and 5 but merely preserve them pending final adjudication. Seakay established a prima facie right to perform the construction work, based on the government's apparent acquiescence and representations to FirstRand Bank, but its rights remained contingent on the election of BVI's liquidators and the outcome of pending litigation. Ibuyile's claim was found to be even more tenuous, as its rights depended on the rejection of its own version of facts in other proceedings and uncertainty regarding its legal standing. The court held that the balance of convenience did...

Citation
[2012] ZAWCHC 204
Parties
Applicant: Ibuyile Development Consortium; Applicant: Sea Kay Property Development (Pty) Ltd; Respondent: Premier of the Western Cape; Respondent: MEC of the Department of Human Settlements, Provincial Government of the Western Cape; Respondent: Business Venture Investments 1171 (Pty) Ltd (in liquidation); Respondent: SM Gore N.O.; Respondent: D Terblanche N.O.; Respondent: G Philander N.O.
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
19 March 2012
Case Number
1204/12
Procedural Posture
Urgent Application / Application for Interim Interdict
Outcome
Application dismissed with costs, including costs of two counsel.
Judges
S.J. Koen
Legal Topics
Interim Interdict, Development Rights, Housing Provision, Balance of Convenience, Constitutional Right to Housing, Standing of Partnership
Civil Procedure Land and Property Constitutional Law Interim Interdict Development Rights Housing Provision Balance of Convenience Constitutional Right to Housing +1 more

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Parties

Ibuyile Development Consortium

Applicant

Sea Kay Property Development (Pty) Ltd

Applicant

Premier of the Western Cape

Respondent

MEC of the Department of Human Settlements, Provincial Government of the Western Cape

Respondent

Business Venture Investments 1171 (Pty) Ltd (in liquidation)

Respondent

SM Gore N.O.

Respondent

D Terblanche N.O.

Respondent

G Philander N.O.

Respondent

Procedural Posture

Urgent Application / Application for Interim Interdict

Legal Issues

  1. 1 Whether the applicants have established a prima facie right to an interim interdict restraining the government from awarding housing construction tenders for precincts 3 and 5 at Delft Symphony.
  2. 2 Whether Seakay or Ibuyile possess enforceable development rights over the disputed precincts.
  3. 3 Whether the balance of convenience favours granting the interim interdict given the public interest in housing provision.

Ratio Decidendi

The court found that the relief sought was interim in nature, as it would not finally determine the rights to develop precincts 3 and 5 but merely preserve them pending final adjudication. Seakay established a prima facie right to perform the construction work, based on the government's apparent acquiescence and representations to FirstRand Bank, but its rights remained contingent on the election of BVI's liquidators and the outcome of pending litigation. Ibuyile's claim was found to be even more tenuous, as its rights depended on the rejection of its own version of facts in other proceedings and uncertainty regarding its legal standing. The court held that the balance of convenience did...

Court Disposition

Application dismissed with costs, including costs of two counsel.

Orders

  • The application is dismissed with costs, including the costs of two counsel.