Peelton Housing Development Project Ward - 43 v Buffalo City Metro Municipality (3871/2013) [2014] ZAECGHC 26 (24 April 2014)

Peelton Housing Development Project Ward - 43 v Buffalo City Metro Municipality (3871/2013) [2014] ZAECGHC 26 (24 April 2014)

The court found that the respondent had taken a decision regarding the applicant's proposal for housing development in Ward 43. This decision was communicated through correspondence and the advertisement of a tender, indicating that the respondent intended to act as developer and not accept the applicant's plan. Since a decision had been taken, the applicant's reliance on section 6(2)(g) of PAJA was misplaced, as the ground for review requires a failure to take a decision. The court further held that the point in limine regarding exhaustion of internal remedies was without merit, as there was no failure to take a decision and thus no internal appeal available. The application for mandamus...

Citation
[2014] ZAECGHC 26
Parties
Applicant: Peelton Housing Development Project Ward – 43; Respondent: Buffalo City Metro Municipality
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
24 April 2014
Case Number
3871/2013
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
C Plasket
Legal Topics
Promotion of Administrative Justice Act, Mandamus, Failure to Take Decision, Internal Remedies, Municipal Structures Act
Administrative Law Promotion of Administrative Justice Act Mandamus Failure to Take Decision Internal Remedies Municipal Structures Act

Case Brief

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Parties

Peelton Housing Development Project Ward – 43

Applicant

Buffalo City Metro Municipality

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the respondent failed to take a decision on the applicant's housing development proposal.
  2. 2 Whether the applicant exhausted internal remedies as required by law.
  3. 3 Whether the applicant is entitled to a mandamus compelling the respondent to take a decision.

Ratio Decidendi

The court found that the respondent had taken a decision regarding the applicant's proposal for housing development in Ward 43. This decision was communicated through correspondence and the advertisement of a tender, indicating that the respondent intended to act as developer and not accept the applicant's plan. Since a decision had been taken, the applicant's reliance on section 6(2)(g) of PAJA was misplaced, as the ground for review requires a failure to take a decision. The court further held that the point in limine regarding exhaustion of internal remedies was without merit, as there was no failure to take a decision and thus no internal appeal available. The application for mandamus...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.