Tembu Convenience Centre CC and Another v City of Johannesburg and Others (2011/44745) [2017] ZAGPJHC 460 (15 September 2017)

Tembu Convenience Centre CC and Another v City of Johannesburg and Others (2011/44745) [2017] ZAGPJHC 460 (15 September 2017)

The court found that the construction of the BRT system on Mooki Street did not constitute a permanent closure or diversion of the road as contemplated by section 67 of the Local Government Ordinance. The changes implemented reserved dedicated lanes for buses but left other lanes open to general traffic. The inconvenience and altered traffic flows did not amount to a closure or diversion of the street itself, but rather a restriction for a particular class of traffic, which falls under section 66. The plaintiffs' inability to execute certain turns or access the service station as conveniently as before did not equate to the street being closed or diverted for all traffic. Accordingly,...

Citation
[2017] ZAGPJHC 460
Parties
Plaintiff: Tembu Convenience Centre CC; Plaintiff: John Zakhele Radebe; Defendant: City of Johannesburg; Defendant: Johannesburg Development Agency; Defendant: Johannesburg Roads Agency; Defendant: Engen Petroleum Limited; Defendant: Khelina Caroline Mazibuko
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
15 September 2017
Case Number
2011/44745
Procedural Posture
Civil Trial / Merits and Quantum Separated; Judgment on Merits
Outcome
Plaintiffs' claim dismissed with costs, including costs of two counsel.
Judges
L Windell
Legal Topics
Road Closure, Municipal Powers, Compensation for Loss, Traffic Flow Alteration, Local Government Ordinance, Public Right of Way
Land and Property Administrative Law Civil Procedure Road Closure Municipal Powers Compensation for Loss Traffic Flow Alteration Local Government Ordinance +1 more

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 5 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Tembu Convenience Centre CC

Plaintiff

John Zakhele Radebe

Plaintiff

City of Johannesburg

Defendant

Johannesburg Development Agency

Defendant

Johannesburg Roads Agency

Defendant

Engen Petroleum Limited

Defendant

Khelina Caroline Mazibuko

Defendant

Procedural Posture

Civil Trial / Merits and Quantum Separated; Judgment on Merits

Legal Issues

  1. 1 Whether the construction of the Bus Rapid Transit (BRT) system on Mooki Street constituted a permanent closure and/or diversion of the road as contemplated in section 67 of the Local Government Ordinance 17 of 1939.
  2. 2 Whether the plaintiffs are entitled to compensation for loss of profit due to alleged closure/diversion under section 67.
  3. 3 Whether section 66 or section 67 of the Ordinance applies to the facts of the case.

Ratio Decidendi

The court found that the construction of the BRT system on Mooki Street did not constitute a permanent closure or diversion of the road as contemplated by section 67 of the Local Government Ordinance. The changes implemented reserved dedicated lanes for buses but left other lanes open to general traffic. The inconvenience and altered traffic flows did not amount to a closure or diversion of the street itself, but rather a restriction for a particular class of traffic, which falls under section 66. The plaintiffs' inability to execute certain turns or access the service station as conveniently as before did not equate to the street being closed or diverted for all traffic. Accordingly,...

Court Disposition

Plaintiffs' claim dismissed with costs, including costs of two counsel.

Orders

  • The plaintiffs’ claim is dismissed with costs, including the costs occasioned by the employment of two counsel.