Sandton Crowne Properties (Pty) Ltd v Municipal Manager City of Ekurhuleni Metropolitan Municipality Others (2024/059416) [2024] ZAGPJHC 733 (30 July 2024)

Parties

Procedural Posture

Urgent Application / Interim Interdict (part A) Pending Appeal

Legal Issues

1. 1 Whether the applicant, as an adjoining property owner, was properly notified of the consent use application as required by SPLUM.
2. 2 Whether the requirements for an interim interdict pending appeal have been met.
3. 3 Whether the respondent is entitled to continue construction pending the outcome of the applicant's appeal.

Ratio Decidendi

The applicant, as an owner of an adjoining property, was entitled to be notified of the respondent's consent use application under SPLUM. The respondent failed to provide satisfactory proof of proper notification, and the applicant did not receive the required notice. The applicant has established a prima facie right to participate in the process, and the ongoing construction would render its appeal and review rights moot, constituting irreparable harm. The balance of convenience favours the applicant, as the process would be undermined if construction continued. There is no effective alternative remedy, as the respondent did not consider itself bound by the automatic suspension of the...

Court Disposition

Interim interdict granted in favour of the applicant; fourth respondent interdicted from continuing construction pending outcome of appeal; costs awarded against fourth respondent.

Orders

• Part A of the application is declared urgent and non-compliance with rules and time periods is condoned.
• The fourth respondent is interdicted from acting on the decision of the second respondent dated 15 August 2023 by continuing with any earthworks or construction activities on Erf 2943 Bedfordview Extension 2 pending the outcome of the applicant's pending appeal filed in terms of section 99 of the Ekurhuleni...