Kganakga and Another v Chairperson of the North-West Development Tribunal and Others (1004/05) [2006] ZANWHC 10 (19 January 2006)

Kganakga and Another v Chairperson of the North-West Development Tribunal and Others (1004/05) [2006] ZANWHC 10 (19 January 2006)

The court found that the applicants failed to establish urgency, as the decision to develop Kopanong Proper was made in 2000 and the applicants delayed unreasonably in bringing the application. The previous application on similar grounds had been dismissed, and no rescission was sought. The applicants did not exhaust internal remedies by failing to appeal to the Development Appeal Tribunal as required by the Development Facilitation Act. The requirements for an interim interdict were not met: the applicants lacked a prima facie right due to the existing interdict and previous dismissal; there was no well-grounded apprehension of irreparable harm, as compensation for demolished houses was...

Citation
[2006] ZANWHC 10
Parties
Applicant: Elliot Letlale Kganakga; Applicant: Itsoseng Residents Association; Respondent: Chairperson of the North-West Development Tribunal; Respondent: Department of Development Local Government and Housing North West; Respondent: City of Tshwane Metropolitan Council; Respondent: Rob Taylor and Associates CC; Respondent: Homes 2000 Proprietary Limited
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
19 January 2006
Case Number
1004/05
Procedural Posture
Urgent Application / Application for Urgent Interim Interdict and Review
Outcome
Application dismissed with costs.
Judges
R D Hendricks
Legal Topics
Interim Interdict, Review of Administrative Action, Informal Land Rights, Delay in Review, Exhaustion of Remedies, Compensation for Expropriation
Land and Property Administrative Law Civil Procedure Interim Interdict Review of Administrative Action Informal Land Rights Delay in Review Exhaustion of Remedies +1 more

Case Brief

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Parties

Elliot Letlale Kganakga

Applicant

Itsoseng Residents Association

Applicant

Chairperson of the North-West Development Tribunal

Respondent

Department of Development Local Government and Housing North West

Respondent

City of Tshwane Metropolitan Council

Respondent

Rob Taylor and Associates CC

Respondent

Homes 2000 Proprietary Limited

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interim Interdict and Review

Legal Issues

  1. 1 Whether the applicants are entitled to urgent interim relief to suspend development activities on Kopanong Proper pending review.
  2. 2 Whether the applicants have a prima facie right to the relief sought.
  3. 3 Whether the application is urgent and whether the delay in bringing the application is justified.

Ratio Decidendi

The court found that the applicants failed to establish urgency, as the decision to develop Kopanong Proper was made in 2000 and the applicants delayed unreasonably in bringing the application. The previous application on similar grounds had been dismissed, and no rescission was sought. The applicants did not exhaust internal remedies by failing to appeal to the Development Appeal Tribunal as required by the Development Facilitation Act. The requirements for an interim interdict were not met: the applicants lacked a prima facie right due to the existing interdict and previous dismissal; there was no well-grounded apprehension of irreparable harm, as compensation for demolished houses was...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.