JDJ Properties CC and Another v Umngeni Local Municipality and Another (873/11) [2012] ZASCA 186; [2013] 1 All SA 306 (SCA); 2013 (2) SA 395 (SCA) (29 November 2012)

JDJ Properties CC and Another v Umngeni Local Municipality and Another (873/11) [2012] ZASCA 186; [2013] 1 All SA 306 (SCA); 2013 (2) SA 395 (SCA) (29 November 2012)

The Supreme Court of Appeal held that the municipality's decision to approve the building plans and relax the side space requirement constituted administrative action under PAJA, as it had the capacity to affect the rights of neighbouring landowners and lessees. The appellants, as immediate neighbours and lessees within the same use zone, had sufficient interest and standing to challenge the decision. The court found that no internal remedy was available to the appellants, as the statutory appeals under the Local Government: Municipal Systems Act and the National Building Regulations and Building Standards Act were not applicable to objectors or neighbouring property owners. On the...

Citation
[2012] ZASCA 186
Parties
Appellant: JDJ Properties CC; Appellant: Double Diamond CC; Respondent: Umngeni Local Municipality; Respondent: Triumph Brokers (Pty) Ltd
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 November 2012
Case Number
873/11
Procedural Posture
Civil Appeal / Appeal From Kwa Zulu Natal High Court, Pietermaritzburg
Outcome
Appeal upheld with costs. The order of the court below is set aside and replaced.
Judges
Lewis, Heher, Theron, Pillay, Plasket
Legal Topics
Promotion of Administrative Justice Act, Standing to Review, Exhaustion of Internal Remedies, Building Regulations, Town Planning Scheme, Judicial Review
Administrative Law Land and Property Civil Procedure Promotion of Administrative Justice Act Standing to Review Exhaustion of Internal Remedies Building Regulations Town Planning Scheme +1 more

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Parties

JDJ Properties CC

Appellant

Double Diamond CC

Appellant

Umngeni Local Municipality

Respondent

Triumph Brokers (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From Kwa Zulu Natal High Court, Pietermaritzburg

Legal Issues

  1. 1 Whether the decision to approve building plans constitutes administrative action under PAJA.
  2. 2 Whether the appellants have standing to review the municipality's decision.
  3. 3 Whether internal remedies were available and required to be exhausted before review.

Ratio Decidendi

The Supreme Court of Appeal held that the municipality's decision to approve the building plans and relax the side space requirement constituted administrative action under PAJA, as it had the capacity to affect the rights of neighbouring landowners and lessees. The appellants, as immediate neighbours and lessees within the same use zone, had sufficient interest and standing to challenge the decision. The court found that no internal remedy was available to the appellants, as the statutory appeals under the Local Government: Municipal Systems Act and the National Building Regulations and Building Standards Act were not applicable to objectors or neighbouring property owners. On the...

Court Disposition

Appeal upheld with costs. The order of the court below is set aside and replaced.

Orders

  • The appeal is upheld with costs.
  • The decision of the general manager: planning and development services of the first respondent, relaxing the side space requirement in respect of erf 848, Howick, is set aside.