Rosslyn hub Development Company (Pty) Ltd v Surveyor General : Gauteng and Another (92339/19) [2020] ZAGPPHC 329 (7 May 2020)

Rosslyn hub Development Company (Pty) Ltd v Surveyor General : Gauteng and Another (92339/19) [2020] ZAGPPHC 329 (7 May 2020)

The court found that Regulation 23(2A) clearly entitles the registered owner to request withdrawal of an approved but unregistered diagram, and there is no requirement for consent from Rand Water, as it is not the owner of the land. The Surveyor-General's refusal to withdraw the diagram was not supported by the regulation or any other legal provision. The urgency of the matter was justified by the commercial interests and the need to proceed with township development. The court also held that the late filing of answering affidavits by the respondents should be condoned. The application was granted, and the Surveyor-General was ordered to withdraw the diagram.

Citation
[2020] ZAGPPHC 329
Parties
Applicant: Rosslyn Hub Development Company (Pty) Ltd; Respondent: Surveyor General : Gauteng; Respondent: Rand Water
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
7 May 2020
Case Number
92339/19
Procedural Posture
Urgent Application / Final Judgment After Urgent Application
Outcome
Application granted. The Surveyor-General is ordered to withdraw the approved but unregistered diagram. Condonation for late filing of answering affidavits is granted. Costs awarded against respondents.
Judges
T J Raulinga
Legal Topics
Withdrawal of Approved Diagram, Land Surveyor Regulations, Servitude Registration, Urgent Interdict, Condonation of Late Filing
Land and Property Administrative Law Withdrawal of Approved Diagram Land Surveyor Regulations Servitude Registration Urgent Interdict Condonation of Late Filing

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Parties

Rosslyn Hub Development Company (Pty) Ltd

Applicant

Surveyor General : Gauteng

Respondent

Rand Water

Respondent

Procedural Posture

Urgent Application / Final Judgment After Urgent Application

Legal Issues

  1. 1 Whether the Surveyor-General is obliged to withdraw an approved but unregistered diagram upon written request of the registered owner under Regulation 23(2A).
  2. 2 Whether Rand Water's consent is required for the withdrawal of the diagram.
  3. 3 Whether the application is urgent and satisfies the requirements for urgency under Rule 6(12).

Ratio Decidendi

The court found that Regulation 23(2A) clearly entitles the registered owner to request withdrawal of an approved but unregistered diagram, and there is no requirement for consent from Rand Water, as it is not the owner of the land. The Surveyor-General's refusal to withdraw the diagram was not supported by the regulation or any other legal provision. The urgency of the matter was justified by the commercial interests and the need to proceed with township development. The court also held that the late filing of answering affidavits by the respondents should be condoned. The application was granted, and the Surveyor-General was ordered to withdraw the diagram.

Court Disposition

Application granted. The Surveyor-General is ordered to withdraw the approved but unregistered diagram. Condonation for late filing of answering affidavits is granted. Costs awarded against respondents.

Orders

  • The forms and service provided for in the Uniform Rules of Court are dispensed with and the matter is disposed of as an urgent application.
  • The first respondent is directed to withdraw, in terms of Regulation 23(2A), the unregistered but approved diagram SG 10602/1998.