Port st Johns Municipality v Fono and Others (96/2017) [2020] ZAECMHC 5 (1 January 2020)

Port st Johns Municipality v Fono and Others (96/2017) [2020] ZAECMHC 5 (1 January 2020)

The court found that, although not entirely convinced the environmental impact assessment issue was properly raised, another court may reach a different conclusion, especially given the substantial public interest. The non-application of the NBSA to the former Transkei has significant implications, and the matter's...

Source-derived case information.

Citation
[2020] ZAECMHC 5
Parties
Applicant: Port st Johns Municipality; Respondent: Luxolo Fono; Respondent: Caguba Community; Respondent: Caguba Tribal Authority; Respondent: The Minister of Rural Development & Land Reform
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
1 January 2020
Case Number
96/2017
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to Full Court
Outcome
Leave to appeal to the Full Court of this Division is granted against the whole of the judgment delivered on 18 June 2019. Costs of the application for leave to appeal are reserved for determination by the appeal court.
Judges
J C Coltman
Legal Topics
Application of Building Regulations, Environmental Impact Assessment, Municipal Bylaws, Spatial Planning and Land Use Management Act, Public Interest, Jurisdictional Application of Statutes
Land and Property Environmental Law Administrative Law Application of Building Regulations Environmental Impact Assessment Municipal Bylaws Spatial Planning and Land Use Management Act Public Interest +1 more

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Summary, issues, holding and outcome

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Parties

Port st Johns Municipality

Applicant

Luxolo Fono

Respondent

Caguba Community

Respondent

Caguba Tribal Authority

Respondent

The Minister of Rural Development & Land Reform

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to Full Court

Legal Issues

  1. 1 Whether the National Building Regulations and Building Standards Act 103 of 1977 applies to the property in the former Transkei.
  2. 2 Whether the applicant properly raised the issue of environmental impact assessment in its founding papers.
  3. 3 Whether the first respondent contravened any provisions of SPLUMA or municipal bylaws.

Ratio Decidendi

The court found that, although not entirely convinced the environmental impact assessment issue was properly raised, another court may reach a different conclusion, especially given the substantial public interest. The non-application of the NBSA to the former Transkei has significant implications, and the matter's importance to the public and safety concerns regarding tourist accommodation warrant consideration by a full bench. Therefore, there are compelling reasons for leave to appeal.

Court Disposition

Leave to appeal to the Full Court of this Division is granted against the whole of the judgment delivered on 18 June 2019. Costs of the application for leave to appeal are reserved for determination by the appeal court.

Orders

  • The applicant is granted leave to appeal to the Full Court of this Division against the whole of the judgment delivered on 18 June 2019.
  • The costs of the application for leave to appeal are reserved for determination by the Court hearing the appeal.