Labuschagne and Another v Global Air Brakes CC and Another (5539/2019) [2022] ZAGPJHC 597 (25 August 2022)

Labuschagne and Another v Global Air Brakes CC and Another (5539/2019) [2022] ZAGPJHC 597 (25 August 2022)

The court found that the first respondent's use of the property as a motor workshop is expressly excluded under the applicable zoning scheme and constitutes an unlawful use. The noise generated by the first respondent's activities was found to be excessive and unreasonable, interfering with the applicants' use and enjoyment of their property. The requirements for a final interdict were satisfied, and the applicants were entitled to an order prohibiting the unlawful use and excessive noise. The application for a demolition order was refused, as only the municipality or minister may seek such relief under the National Building Regulations and Building Standards Act, and no agreement for...

Citation
[2022] ZAGPJHC 597
Parties
Applicant: Labuschagne, Sharon Dorothy; Applicant: Labuschagne, Hendrik Tjaart Jacobus; Respondent: Global Air Brakes CC; Respondent: City of Ekurhuleni Metropolitan Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
25 August 2022
Case Number
5539/2019
Procedural Posture
Civil Application / Final Judgment
Outcome
Application granted in part: interdict against first respondent; demolition order refused; interlocutory application dismissed.
Judges
Bester
Legal Topics
Zoning Scheme Interpretation, Noise Nuisance, Building Regulations, Interdict, Review of Administrative Action
Land and Property Administrative Law Civil Procedure Zoning Scheme Interpretation Noise Nuisance Building Regulations Interdict Review of Administrative Action

Case Brief

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Parties

Labuschagne, Sharon Dorothy

Applicant

Labuschagne, Hendrik Tjaart Jacobus

Applicant

Global Air Brakes CC

Respondent

City of Ekurhuleni Metropolitan Municipality

Respondent

Procedural Posture

Civil Application / Final Judgment

Legal Issues

  1. 1 Whether the first respondent's use of the property as a motor workshop contravenes the zoning scheme.
  2. 2 Whether the noise generated by the first respondent constitutes an unreasonable interference with the applicants' property rights.
  3. 3 Whether the applicants are entitled to a demolition order for the structure erected by the first respondent.

Ratio Decidendi

The court found that the first respondent's use of the property as a motor workshop is expressly excluded under the applicable zoning scheme and constitutes an unlawful use. The noise generated by the first respondent's activities was found to be excessive and unreasonable, interfering with the applicants' use and enjoyment of their property. The requirements for a final interdict were satisfied, and the applicants were entitled to an order prohibiting the unlawful use and excessive noise. The application for a demolition order was refused, as only the municipality or minister may seek such relief under the National Building Regulations and Building Standards Act, and no agreement for...

Court Disposition

Application granted in part: interdict against first respondent; demolition order refused; interlocutory application dismissed.

Orders

  • The first respondent is interdicted from using the property described as Erf 205, Ravenswood Extension 9, situated at 117 Thirteenth Avenue, Ravenswood, Boksburg for the business of a motor workshop and from creating noise exceeding the ratings allowed at the property in terms of National Standard SANS 10103 of 2008.
  • The first respondent shall pay the applicants' costs of the application on the attorney and client scale.