South Africa Case Law

Mayfair Residents Association and Others v City of Johannesburg Metropolitan Municipality and Others (2148/2019)

Mayfair Residents Association and Others v City of Johannesburg Metropolitan Municipality and Others (2148/2019) [2021] ZAGPJHC 55 (19 May 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2148/2019

Judge

L R Adams

The High Court held that Erf 56 was zoned as public open space and could not lawfully be used for parking, storage or retail activity. It granted interdicts and nuisance relief.

• Zoning Scheme Enforcement
• Public Open Space Definition
• Municipal Powers And Duties
• Actionable Nuisance
• Statutory Interdict
• Constitutional Environmental Rights

Combretumpark Home Owners Association (Association Incorporated Under Section 21) v Cubana Latino Cafe Ten CC and Others (3362/2016)

Combretumpark Home Owners Association (Association Incorporated Under Section 21) v Cubana Latino Cafe Ten CC and Others (3362/2016) [2017] ZALMPPHC 25 (28 August 2017)

Court

Limpopo High Court, Polokwane

Case number

3362/2016

Judge

E M Makgoba

The High Court interdicted a business from operating contrary to zoning rules and from excessive amplified music that the court found constituted a nuisance.

• Town Planning Scheme
• Actionable Nuisance
• Interdict
• Zoning Certificate
• Noise Pollution
• Town-planning-scheme

University of Pretoria v Freefall Trading 17 CC t/a Aandklas (75127/2009)

University of Pretoria v Freefall Trading 17 CC t/a Aandklas (75127/2009) [2011] ZAGPPHC 85 (16 February 2011)

Court

North Gauteng High Court, Pretoria

Case number

75127/2009

Judge

Ebersohn

The High Court interdicted Aandklas from operating outside zoning limits and from causing excessive noise, finding an actionable nuisance and awarding costs.

• Town Planning Scheme
• Actionable Nuisance
• Noise Control Regulations
• Condonation Of Late Filing
• Zoning Violation
• Interdict

University of Pretoria v Partnership, Firm or Association known as Springbok Bar (75442/2009)

University of Pretoria v Partnership, Firm or Association known as Springbok Bar (75442/2009) [2011] ZAGPPHC 86 (16 February 2011)

Court

North Gauteng High Court, Pretoria

Case number

75442/2009

Judge

Ebersohn AJ

The court found that the respondents operated Springbok Bar as a place of amusement, not merely a place of refreshment, in breach of the zoning conditions applicable to the property. The evidence, including affidavits from students and staff, established that excessive and disturbing noise emanated from the premises, constituting an actionable nuisance under both common law and the Noise Control Regulations-Gauteng. The respondents' reliance on an outdated acoustics report was unpersuasive, and they failed to demonstrate any remedial action or compliance with recommended mitigatory measures.…

Source excerpt

• Town Planning Scheme
• Actionable Nuisance
• Noise Control Regulations
• Zoning Dispute
• Interdict
• Condonation