Polokwane Municipality v Double Four Properties and Another ; Broadlands Home Owners Association NPC v Double Four Properties and Another (879/2022; 913/2022) [2023] ZASCA 158 (23 November 2023)

Polokwane Municipality v Double Four Properties and Another ; Broadlands Home Owners Association NPC v Double Four Properties and Another (879/2022; 913/2022) [2023] ZASCA 158 (23 November 2023)

The Supreme Court of Appeal held that the orders of the high court were interim and interlocutory in nature and did not constitute final orders appealable to this court. The order requiring the municipality to provide a sewer connection did not compel unlawful conduct, as it did not absolve Double Four from compliance with the By-laws. The order requiring Broadlands to reconnect the sewer system was an interim measure to address a public health issue and did not impose a final duty or deprive Broadlands of the opportunity to seek compensation. The referral to evidence regarding compensation for encroachment was not a final order but a procedural step to bring the proceedings to finality....

Citation
[2023] ZASCA 158
Parties
Appellant: Polokwane Municipality; Appellant: Broadlands Home Owners Association NPC; Respondent: Double Four Properties; Respondent: Broadlands Home Owners Association NPC; Respondent: Polokwane Municipality
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
23 November 2023
Case Number
879/2022; 913/2022
Procedural Posture
Leave to Appeal / Application for Special Leave to Appeal Against Interim and Interlocutory Orders
Outcome
Applications for special leave to appeal in case no 879/2022 and case no 913/2022 are dismissed with costs, including the costs of two counsel where so employed.
Judges
Mocumie, Nicholls, Goosen, Koen, Unterhalter
Legal Topics
Interim Interdict, Appealability of Orders, Municipal by Laws, Encroachment, Compensation for Encroachment
Civil Procedure Land and Property Interim Interdict Appealability of Orders Municipal by Laws Encroachment Compensation for Encroachment

Case Brief

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Parties

Polokwane Municipality

Appellant

Broadlands Home Owners Association NPC

Appellant

Double Four Properties

Respondent

Broadlands Home Owners Association NPC

Respondent

Polokwane Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Special Leave to Appeal Against Interim and Interlocutory Orders

Legal Issues

  1. 1 Whether the interim and interlocutory orders granted by the high court are appealable to the Supreme Court of Appeal.
  2. 2 Whether special leave to appeal should be granted to the municipality and Broadlands.
  3. 3 Whether the high court's order requiring the municipality to provide a sewer connection contravenes municipal by-laws.

Ratio Decidendi

The Supreme Court of Appeal held that the orders of the high court were interim and interlocutory in nature and did not constitute final orders appealable to this court. The order requiring the municipality to provide a sewer connection did not compel unlawful conduct, as it did not absolve Double Four from compliance with the By-laws. The order requiring Broadlands to reconnect the sewer system was an interim measure to address a public health issue and did not impose a final duty or deprive Broadlands of the opportunity to seek compensation. The referral to evidence regarding compensation for encroachment was not a final order but a procedural step to bring the proceedings to finality....

Court Disposition

Applications for special leave to appeal in case no 879/2022 and case no 913/2022 are dismissed with costs, including the costs of two counsel where so employed.

Orders

  • The applications for special leave to appeal in case no 879/2022 and case no 913/2022 are dismissed with costs, such costs to include the costs of two counsel, where so employed.