Stands 5/1 Wierda Valley (Pty) Ltd and Another v Town Council of Sandton (126/1992) [1993] ZASCA 141; 1994 (1) SA 333 (AD); [1994] 1 All SA 411 (A) (27 September 1993)

Stands 5/1 Wierda Valley (Pty) Ltd and Another v Town Council of Sandton (126/1992) [1993] ZASCA 141; 1994 (1) SA 333 (AD); [1994] 1 All SA 411 (A) (27 September 1993)

The Supreme Court of Appeal held that the phrase 'development contribution' in section 2(3) of the Removal of Restrictions Act 84 of 1967 is not limited to a tax but includes any contribution relating to development payable under provincial town-planning law, including engineering contributions under section 63 of the 1986 Ordinance. The court found that the respondent complied with the requirements of section 63(1) by sending the directives to the address provided in the rezoning application, as the local authority was not notified of any change in ownership or address. The directives contained sufficient particulars regarding the amount and purpose of the contributions. The appeal was...

Citation
[1993] ZASCA 141
Parties
Appellant: Stands 5/1 Wierda Valley (Pty) Ltd; Appellant: Stands 6/1 Wierda Valley (Pty) Ltd; Respondent: Town Council of Sandton
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 September 1993
Case Number
126/1992
Procedural Posture
Civil Appeal / Appeal From Transvaal Provincial Division; Leave to Appeal Granted
Outcome
Appeal dismissed with costs.
Judges
Joubert, Van Heerden, Nestadt, Goldstone, Howie
Legal Topics
Removal of Restrictive Conditions, Development Contributions, Town Planning Scheme Amendment, Interpretation of Statutes
Land and Property Administrative Law Removal of Restrictive Conditions Development Contributions Town Planning Scheme Amendment Interpretation of Statutes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Stands 5/1 Wierda Valley (Pty) Ltd

Appellant

Stands 6/1 Wierda Valley (Pty) Ltd

Appellant

Town Council of Sandton

Respondent

Procedural Posture

Civil Appeal / Appeal From Transvaal Provincial Division; Leave to Appeal Granted

Legal Issues

  1. 1 Whether the Town Council of Sandton was entitled to levy engineering contributions under section 63 of the Town-Planning and Townships Ordinance 15 of 1986 (Transvaal) following the amendment of the town planning scheme under the Removal of Restrictions Act 84 of 1967.
  2. 2 Whether the directives sent by the respondent complied with the requirements of section 63(1) of the Ordinance, specifically regarding the recipient and the particulars provided.

Ratio Decidendi

The Supreme Court of Appeal held that the phrase 'development contribution' in section 2(3) of the Removal of Restrictions Act 84 of 1967 is not limited to a tax but includes any contribution relating to development payable under provincial town-planning law, including engineering contributions under section 63 of the 1986 Ordinance. The court found that the respondent complied with the requirements of section 63(1) by sending the directives to the address provided in the rezoning application, as the local authority was not notified of any change in ownership or address. The directives contained sufficient particulars regarding the amount and purpose of the contributions. The appeal was...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.