South Africa Case Law

Green Point Residents and Ratepayers' Association and Others v Gartner and Others (6707/2022)

Green Point Residents and Ratepayers' Association and Others v Gartner and Others (6707/2022) [2025] ZAWCHC 204; [2025] 3 All SA 486 (WCC) (11 April 2025)

Court

Western Cape High Court, Cape Town

Case number

6707/2022

Judge

GSS Khoza

The court found that the 2021 building plan approval, although not lapsed under section 7(4) of the Building Act, had been expressly abandoned by the developers and superseded by the approval of a revised plan. The rights conferred by the original approval were lawfully waived, extinguishing any ongoing legal dispute. The factual existence of the 2021 approval no longer produced legal consequences, as neither the developers nor their successors could rely on it. The doctrine of mootness precluded judicial review in the absence of a live controversy or practical legal effect. The applicants' p…

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• Mootness
• Building Plan Approval
• Waiver Of Administrative Rights
• Judicial Review
• Municipal Planning By Law
• Costs Award

Jack and Others v Saldanha Bay Municipality and Others (15284/2023)

Jack and Others v Saldanha Bay Municipality and Others (15284/2023) [2024] ZAWCHC 291 (9 October 2024)

Court

Western Cape High Court, Cape Town

Case number

15284/2023

Judge

P Farlam

The High Court set aside three municipal building-plan approvals for a caravan-park stand, finding non-compliance with lease consent and resolution requirements.

• Promotion Of Administrative Justice Act
• Municipal By Laws
• Building Plan Approval
• Standing
• Procedural Fairness
• Lease Agreement Compliance

Kleyn and Another v Boikanyo and Another (014507/2024)

Kleyn and Another v Boikanyo and Another (014507/2024) [2024] ZAGPPHC 187 (29 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

014507/2024

Judge

Kooverjie

The applicants, as owners of the adjacent property, demonstrated a direct and substantial interest in the respondent's building activities, which continued unlawfully despite municipal notices and requests to cease. The court found the matter urgent due to ongoing construction and unresolved security concerns affecting the applicants' elderly mother. The applicants satisfied the requirements for a final interdict: a clear right, reasonable apprehension of harm, and absence of a satisfactory alternative remedy. Relief under Section 14(1) of the Building Standards Act was denied as it applies o…

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• Building Plan Approval
• Interdict
• National Building Regulations
• Locus Standi
• Municipal Enforcement

Mohamed v Thair and Another (A30/2020; 37/2019)

Mohamed v Thair and Another (A30/2020; 37/2019) [2024] ZAMPMBHC 12 (12 February 2024)

Court

Mbombela High Court, Mpumalanga

Case number

A30/2020

Judge

JL Bhengu

The High Court found the first respondent in contempt for failing to comply with a prior order to finalise rezoning and subdivision steps, and suspended a 30-day sentence conditionally.

• Contempt Of Court
• Enforcement Of Court Orders
• Subdivision And Rezoning
• Building Plan Approval
• Contempt-of-court
• Enforcement-of-court-orders

Farm Dwellers Inn (Pty) Ltd v Venda Hotel CC and Others (19258/2020)

Farm Dwellers Inn (Pty) Ltd v Venda Hotel CC and Others (19258/2020) [2020] ZAKZPHC 77 (4 August 2020)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

19258/2020

Judge

Madondo DJP

The applicant failed to establish a prima facie right or special harm that would justify interim relief. The alleged contraventions by the first respondent and municipality were not substantiated by evidence, and the applicant's objections were found to be motivated by business rivalry rather than public interest. The approval of the building plan, though tainted by non-compliance with internal processes, remains valid until set aside by a competent court. The applicant did not demonstrate that its rights or interests were materially or adversely affected, nor did it exhaust other remedies av…

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• Interim Interdict
• Building Plan Approval
• Locus Standi
• Petroleum Products Act
• Municipal By Laws
• Review Of Administrative Action

Pienaar v Silver Lakes Homeowners Association (A507/2017; 7667/2014)

Pienaar v Silver Lakes Homeowners Association (A507/2017; 7667/2014) [2020] ZAGPPHC 422 (11 May 2020)

Court

North Gauteng High Court, Pretoria

Case number

A507/2017; 7667/2014

Judges

Strijdom, Tlhapi, Wanless

The court found that the respondent, Silver Lakes Homeowners Association, was entitled to control access to the estate at designated control points, provided that residents and the local authority were not denied free access. The use of booms and biometric systems constituted controlled access, not denial of access. The appellant's challenge to the legality of structures on Erf 168 and 1471 failed, as the respondent produced approved building plans and the appellant had delayed raising objections. The court held that the municipality should have been joined as a party for relief sought regard…

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• Access Control In Gated Estates
• Building Plan Approval
• Non Joinder
• Contractual Rights Of Homeowners
• Public Vs Private Roads

KwaDukuza Municipality v Lahaf (Pty) Ltd (940/18)

KwaDukuza Municipality v Lahaf (Pty) Ltd (940/18) [2020] ZASCA 9; [2020] 2 All SA 356 (SCA) (18 March 2020)

Court

Supreme Court of Appeal

Case number

940/18

Judges

Petse, Leach, Zondi, Plasket, Mbatha

The majority of the Supreme Court of Appeal held that the term 'the total GLA of the Property' in the Ballito Lifestyle Centre town planning scheme refers to all areas capable of being leased, not only shop areas. The court found that successive amendments to the scheme had progressively delinked GLA from shops, culminating in the 2011 amendment which restricted the total GLA of the property without reference to shops. The court rejected the respondent's argument that GLA should be confined to retail shop space, noting that the plain language of the scheme, its historical context, and the pur…

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• Town Planning Scheme Interpretation
• Zoning Controls
• Gross Lettable Area Definition
• Municipal Regulatory Powers
• Building Plan Approval

Epstein v City of Cape Town and Another (17764/2018)

Epstein v City of Cape Town and Another (17764/2018) [2019] ZAWCHC 84 (3 July 2019)

Court

Western Cape High Court, Cape Town

Case number

17764/2018

Judge

O L Rogers

The High Court reviewed and set aside approval of building plans for a second dwelling after finding that roof-level features exceeded the DMS height limit.

• Municipal Planning By Law
• Building Plan Approval
• Height Restrictions
• Review Of Administrative Action
• Architectural Style Requirement
• Building-plan-approval

H.R.J Properties (Pty) Ltd v Mohammed and Another (17547/17)

H.R.J Properties (Pty) Ltd v Mohammed and Another (17547/17) [2019] ZAWCHC 185 (25 February 2019)

Court

Western Cape High Court, Cape Town

Case number

17547/17

Judge

Vos, AJ

The court found that the servitude right of way, as described in the title deeds, is not limited to pedestrian access but includes vehicular access. The proposed wall would materially diminish the applicant's rights by obstructing vehicular access to a significant portion of the servitude area, which is unlawful. The City of Cape Town's approval of the building plans was set aside because the building control officer failed to be positively satisfied that none of the disqualifying factors under section 7(1) of the Building Act were present, particularly the derogation of property value. The e…

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• Servitude Right Of Way
• Building Plan Approval
• Unlawful Diminution Of Rights
• Promotion Of Administrative Justice Act
• Error Of Law
• Property Valuation

Telkom SA Soc Ltd v Kalu NO and Another (10354/2017)

Telkom SA Soc Ltd v Kalu NO and Another (10354/2017) [2018] ZAWCHC 53 (10 May 2018)

Court

Western Cape High Court, Cape Town

Case number

10354/2017

Judge

Andrews AJ

The court held that the City of Cape Town's Municipal Planning By-laws, Zoning Scheme Regulations, and Telecommunications Mast Infrastructure Policy do not conflict with Section 22 of the Electronic Communications Act. Municipalities have exclusive legislative competence over municipal planning, including zoning and land use, even for purposes that affect national interests such as telecommunications. Section 22 of the ECA does not exempt licensees from complying with municipal zoning or building regulations; rather, it requires due regard to applicable law. The By-law and Mast Policy are val…

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• Municipal Planning
• Conflict Of Laws
• Electronic Communications Act
• Zoning Regulations
• Building Plan Approval
• Constitutional Competence