Interactive Risk Management (Pty) Limited and Another v City of Johannesburg Metropolitan Municipality and Another (2024/051717) [2025] ZAGPPHC 245 (3 March 2025)

Interactive Risk Management (Pty) Limited and Another v City of Johannesburg Metropolitan Municipality and Another (2024/051717) [2025] ZAGPPHC 245 (3 March 2025)

The court found that the applicants failed to establish a prima facie right to the interim interdict. The mere institution of review proceedings does not entitle the applicants to interim relief, as the right to review is not the right threatened by imminent irreparable harm. The applicants did not demonstrate that their rights would be negated if construction continued, as the reviewing court retains the power to grant just and equitable relief, including demolition, should the review succeed. The applicants also failed to show a reasonable apprehension of irreparable harm, and the balance of convenience favoured the second respondent, given the financial and operational prejudice that...

Citation
[2025] ZAGPPHC 245
Parties
Applicant: Interactive Risk Management (Pty) Limited; Applicant: Saxonwold & Parkwood Residents’ Association (SAPRA); Respondent: City of Johannesburg Metropolitan Municipality; Respondent: Saxon Square Development (Pty) Limited
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
3 March 2025
Case Number
2024/051717
Procedural Posture
Urgent Application / Interim Interdict Pending Review; Urgent Application Heard and Determined
Outcome
Application dismissed with costs.
Judges
N P Mngqibisa-Thusi
Legal Topics
Interim Interdict, Review of Administrative Action, Spatial Planning and Land Use Management Act, Municipal Planning Tribunal, Urgency, Restrictive Title Conditions
Administrative Law Land and Property Civil Procedure Interim Interdict Review of Administrative Action Spatial Planning and Land Use Management Act Municipal Planning Tribunal Urgency +1 more

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Parties

Interactive Risk Management (Pty) Limited

Applicant

Saxonwold & Parkwood Residents’ Association (SAPRA)

Applicant

City of Johannesburg Metropolitan Municipality

Respondent

Saxon Square Development (Pty) Limited

Respondent

Procedural Posture

Urgent Application / Interim Interdict Pending Review; Urgent Application Heard and Determined

Legal Issues

  1. 1 Whether the applicants are entitled to an interim interdict pending the determination of the review application.
  2. 2 Whether the applicants have established a prima facie right to the relief sought.
  3. 3 Whether there is a reasonable apprehension of irreparable harm if interim relief is not granted.

Ratio Decidendi

The court found that the applicants failed to establish a prima facie right to the interim interdict. The mere institution of review proceedings does not entitle the applicants to interim relief, as the right to review is not the right threatened by imminent irreparable harm. The applicants did not demonstrate that their rights would be negated if construction continued, as the reviewing court retains the power to grant just and equitable relief, including demolition, should the review succeed. The applicants also failed to show a reasonable apprehension of irreparable harm, and the balance of convenience favoured the second respondent, given the financial and operational prejudice that...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicants are ordered to pay the costs consequent on the employment of senior counsel.