JDJ Properties CC and Another v Umgeni Local Municipality and Another (5653/10) [2011] ZAKZPHC 53 (18 November 2011)

JDJ Properties CC and Another v Umgeni Local Municipality and Another (5653/10) [2011] ZAKZPHC 53 (18 November 2011)

The court found that the applicants had failed to exhaust their internal remedies as required by Section 9 of the Building Act and were therefore precluded from seeking review at this stage. The court took a different view from Davis J in Van Der Westhuizen and Others v Butler and Others, holding that the First Respondent's decisions did not adversely affect the applicants' rights in a manner that would entitle them to review. However, the court acknowledged that another court may reach a different conclusion and thus granted leave to appeal to the Supreme Court of Appeal.

Citation
[2011] ZAKZPHC 53
Parties
Applicant: JDJ Properties CC; Applicant: Double Diamond CC; Respondent: Umgeni Local Municipality; Respondent: Triumph Brokers (Pty) Ltd
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
18 November 2011
Case Number
5653/10
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment Delivered on 7 June 2011.
Outcome
Leave to appeal granted to the Supreme Court of Appeal against the whole of the judgment delivered on 7 June 2011.
Judges
Seegobin
Legal Topics
Promotion of Administrative Justice Act, Exhaustion of Internal Remedies, Town Planning Scheme, Building Regulations
Administrative Law Land and Property Promotion of Administrative Justice Act Exhaustion of Internal Remedies Town Planning Scheme Building Regulations

Case Brief

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Parties

JDJ Properties CC

Applicant

Double Diamond CC

Applicant

Umgeni Local Municipality

Respondent

Triumph Brokers (Pty) Ltd

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment Delivered on 7 June 2011.

Legal Issues

  1. 1 Whether the decisions of the First Respondent adversely affect the Applicants' rights.
  2. 2 Whether the Applicants have standing to challenge decisions made under the Town Planning Scheme.
  3. 3 Whether failure to apply the Town Planning Scheme constitutes sufficient invasion of rights for review.

Ratio Decidendi

The court found that the applicants had failed to exhaust their internal remedies as required by Section 9 of the Building Act and were therefore precluded from seeking review at this stage. The court took a different view from Davis J in Van Der Westhuizen and Others v Butler and Others, holding that the First Respondent's decisions did not adversely affect the applicants' rights in a manner that would entitle them to review. However, the court acknowledged that another court may reach a different conclusion and thus granted leave to appeal to the Supreme Court of Appeal.

Court Disposition

Leave to appeal granted to the Supreme Court of Appeal against the whole of the judgment delivered on 7 June 2011.

Orders

  • Leave is hereby granted to the applicants to appeal to the Supreme Court of Appeal against the whole of the judgment delivered on 7 June 2011.
  • The costs of the application for leave to appeal will be costs in the appeal.