Rand Water v Rosslyn Hub Development Company (Pty) Ltd (A175/2020) [2021] ZAGPPHC 836 (24 November 2021)

Rand Water v Rosslyn Hub Development Company (Pty) Ltd (A175/2020) [2021] ZAGPPHC 836 (24 November 2021)

The court held that Regulation 23(2A) of the Land Survey Act, which states that an approved diagram or general plan 'shall be withdrawn' by the Surveyor General at the written request of the registered owner, is peremptory in its wording. However, where the withdrawal of an approved but unregistered servitude diagram may materially and adversely affect the rights or legitimate expectations of a third party (such as Rand Water), the rules of natural justice and procedural fairness must be observed. The withdrawal of the diagram constitutes administrative action under PAJA, requiring the Surveyor General to afford Rand Water an opportunity to be heard before making a decision. The court...

Citation
[2021] ZAGPPHC 836
Parties
Appellant: Rand Water; Respondent: Rosslyn Hub Development Company (Pty) Ltd
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
24 November 2021
Case Number
A175/2020
Procedural Posture
Civil Appeal / Appeal Against Order and Judgment of the High Court Granting a Mandamus to the Surveyor General.
Judges
N V Khumalo, K S Mahlangu, R Matthys
Legal Topics
Servitude Registration, Mandamus, Statutory Interpretation, Audi Alteram Partem, Promotion of Administrative Justice Act, Expropriation
Land and Property Administrative Law Civil Procedure Servitude Registration Mandamus Statutory Interpretation Audi Alteram Partem Promotion of Administrative Justice Act +1 more

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Parties

Rand Water

Appellant

Rosslyn Hub Development Company (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal Against Order and Judgment of the High Court Granting a Mandamus to the Surveyor General.

Legal Issues

  1. 1 Whether the Surveyor General is obliged to withdraw an approved but unregistered servitude diagram upon written request of the registered landowner under Regulation 23(2A) of the Land Survey Act.
  2. 2 Whether the withdrawal of such a diagram constitutes administrative action under PAJA, requiring procedural fairness and notice to the intended beneficiary (Rand Water).
  3. 3 Whether the court a quo erred in granting a mandamus compelling the Surveyor General to withdraw the diagram without affording Rand Water an opportunity to be heard.

Ratio Decidendi

The court held that Regulation 23(2A) of the Land Survey Act, which states that an approved diagram or general plan 'shall be withdrawn' by the Surveyor General at the written request of the registered owner, is peremptory in its wording. However, where the withdrawal of an approved but unregistered servitude diagram may materially and adversely affect the rights or legitimate expectations of a third party (such as Rand Water), the rules of natural justice and procedural fairness must be observed. The withdrawal of the diagram constitutes administrative action under PAJA, requiring the Surveyor General to afford Rand Water an opportunity to be heard before making a decision. The court...