Varachia v MEC Department of Local Government & Housing Gauteng (64978/14) [2017] ZAGPPHC 223 (26 May 2017)

Varachia v MEC Department of Local Government & Housing Gauteng (64978/14) [2017] ZAGPPHC 223 (26 May 2017)

The applicant failed to comply with the statutory requirement to serve notice within six months as required by Section 3(2)(a) of Act 40 of 2002. The court found that the applicant did not have prospects of success in the main action because the property was not registered in his name, and he was not entitled to erect a structure on land he did not own. The respondent's failure to appoint a conveyancer did not justify the applicant's actions. Granting condonation would prejudice the respondent by exposing it to unnecessary litigation. The application for condonation was therefore dismissed with costs.

Citation
[2017] ZAGPPHC 223
Parties
Applicant: Mohamed Rashid Ahmed Varachia; Respondent: MEC Department of Local Government & Housing Gauteng
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
26 May 2017
Case Number
64978/14
Procedural Posture
Condonation Application / Application for Condonation Under Section 3(4) of Act 40 of 2002
Outcome
Application for condonation dismissed with costs.
Judges
N P Mali
Legal Topics
Condonation, Institution of Legal Proceedings Against Organs of State, Alienation of Land, Ownership, Demolition of Structure
Civil Procedure Land and Property Condonation Institution of Legal Proceedings Against Organs of State Alienation of Land Ownership Demolition of Structure

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Parties

Mohamed Rashid Ahmed Varachia

Applicant

MEC Department of Local Government & Housing Gauteng

Respondent

Procedural Posture

Condonation Application / Application for Condonation Under Section 3(4) of Act 40 of 2002

Legal Issues

  1. 1 Whether the applicant's failure to serve notice in terms of Section 3(2)(a) of Act 40 of 2002 within the prescribed period should be condoned.
  2. 2 Whether the applicant has prospects of success in the main action for damages arising from the demolition of the structure.
  3. 3 Whether the applicant was entitled to erect a structure on property not yet transferred into his name.

Ratio Decidendi

The applicant failed to comply with the statutory requirement to serve notice within six months as required by Section 3(2)(a) of Act 40 of 2002. The court found that the applicant did not have prospects of success in the main action because the property was not registered in his name, and he was not entitled to erect a structure on land he did not own. The respondent's failure to appoint a conveyancer did not justify the applicant's actions. Granting condonation would prejudice the respondent by exposing it to unnecessary litigation. The application for condonation was therefore dismissed with costs.

Court Disposition

Application for condonation dismissed with costs.

Orders

  • The application is dismissed with costs.