Shelton avd Another v Eastern Cape Development Tribunal and Others (489/2015) [2016] ZASCA 125 (26 September 2016)

Shelton avd Another v Eastern Cape Development Tribunal and Others (489/2015) [2016] ZASCA 125 (26 September 2016)

The Supreme Court of Appeal held that the Eastern Cape Development Tribunal lacked jurisdiction to determine the land development application after the expiry of the suspension period of constitutional invalidity of Chapters V and VI of the Development Facilitation Act 67 of 1995. The Constitutional Court's order suspended the invalidity for 24 months to allow Parliament to enact remedial legislation, but did not provide for the determination of applications after the suspension period. The tribunal's authority ceased upon expiry of the suspension, and the subsequent decision was invalid. The transitional provisions of the Spatial Planning and Land Use Management Act could not validate a...

Citation
[2016] ZASCA 125
Parties
Appellant: Mark William Shelton; Appellant: Jonathan Andrew Campbell; Respondent: Eastern Cape Development Tribunal; Respondent: PA River Development Company Proprietary Limited; Respondent: Eastern Cape Development Appeal Tribunal
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 September 2016
Case Number
489/2015
Procedural Posture
Civil Appeal / Appeal From Eastern Cape Division of the High Court, Grahamstown
Outcome
Appeal upheld; tribunal's decision set aside; costs awarded against the First Respondent.
Judges
Lewis, Wallis, Willis, Saldulker, Potterill
Legal Topics
Declaration of Invalidity, Jurisdiction of Tribunals, Suspension of Invalidity, Municipal Planning, Transitional Provisions, Retrospective Effect
Constitutional Law Land and Property Civil Procedure Declaration of Invalidity Jurisdiction of Tribunals Suspension of Invalidity Municipal Planning Transitional Provisions +1 more

Case Brief

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Parties

Mark William Shelton

Appellant

Jonathan Andrew Campbell

Appellant

Eastern Cape Development Tribunal

Respondent

PA River Development Company Proprietary Limited

Respondent

Eastern Cape Development Appeal Tribunal

Respondent

Procedural Posture

Civil Appeal / Appeal From Eastern Cape Division of the High Court, Grahamstown

Legal Issues

  1. 1 Whether the Eastern Cape Development Tribunal had jurisdiction to decide a land development application after the expiry of the suspension period of constitutional invalidity of Chapters V and VI of the Development Facilitation Act 67 of 1995.
  2. 2 Whether applications lodged before the expiry of the suspension period but not determined within that period could be lawfully decided thereafter.
  3. 3 Whether the transitional provisions of the Spatial Planning and Land Use Management Act 16 of 2013 validated the tribunal's decision.

Ratio Decidendi

The Supreme Court of Appeal held that the Eastern Cape Development Tribunal lacked jurisdiction to determine the land development application after the expiry of the suspension period of constitutional invalidity of Chapters V and VI of the Development Facilitation Act 67 of 1995. The Constitutional Court's order suspended the invalidity for 24 months to allow Parliament to enact remedial legislation, but did not provide for the determination of applications after the suspension period. The tribunal's authority ceased upon expiry of the suspension, and the subsequent decision was invalid. The transitional provisions of the Spatial Planning and Land Use Management Act could not validate a...

Court Disposition

Appeal upheld; tribunal's decision set aside; costs awarded against the First Respondent.

Orders

  • The appeal is upheld.
  • The costs are to be borne by the First Respondent.