South Africa Case Law

Ulundi Municipality v Mpungose and Others (6551/2020)

Ulundi Municipality v Mpungose and Others (6551/2020) [2025] ZAKZPHC 73 (24 July 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

6551/2020

Judge

Ncube

The court found that the land in question is under the jurisdiction of Ulundi Municipality, as established by statutory instruments and the respondents' own admissions. The Inkosi Mpungose and Traditional Council have no legal interest that would be prejudiced by non-joinder, as the land vests in the municipality. SPLUMA applies to all land, including tribal areas, and empowers the municipality to enforce its land use scheme through the courts. The High Court retains jurisdiction to grant interdicts, notwithstanding the alternative remedy in the Magistrate's Court under the National Building…

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• Municipal Land Rights
• Spatial Planning
• Interdict
• Non Joinder
• Building Regulations

Mandeni Municipality v Independent Ethiopian Church of South Africa and Another (10273/2015)

Mandeni Municipality v Independent Ethiopian Church of South Africa and Another (10273/2015) [2025] ZAKZDHC 36 (4 June 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

10273/2015

Judge

Mahabeer AJ

Leave to appeal was dismissed because the municipality failed to show a right to evict from either property and its bias allegations were unsubstantiated.

• Eviction
• Onus Of Proof
• Bias And Recusal
• Permission To Occupy
• Building Regulations
• Onus-of-proof

Infinity IP (Pty) Ltd and Others v Body Corporate Of Living Moad and Others (2025/059253)

Infinity IP (Pty) Ltd and Others v Body Corporate Of Living Moad and Others (2025/059253) [2025] ZAGPJHC 508 (26 May 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/059253

Judge

FMM Reid

The High Court struck an urgent application for lack of urgency, finding the applicants failed to meet Rule 6(12) and Luna Meubel requirements.

• Urgent Interdict
• Body Corporate Management
• Curator Ad Litem
• Building Regulations
• Conflict Of Interest
• Urgent-application

Hansa N.O and Others v Ethekwini Municipality and Others (D5113/24)

Hansa N.O and Others v Ethekwini Municipality and Others (D5113/24) [2025] ZAKZDHC 33 (23 May 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D5113/24

Judge

Shapiro AJ

The Municipality acted unlawfully in approving the building plans for the M[...] property. The lowest level of the new dwelling does not qualify as a basement under the statutory definition, as less than 50% of its volume is below natural ground level. The building is functionally a three-storey development, with each storey exceeding the maximum permitted height of 4.5 metres, and thus contravenes town planning controls. The Municipality failed to properly apply its mind to the requirements of section 7(1)(b) of the Act, did not conduct a rational assessment of the impact on neighbouring pro…

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• Building Regulations
• Town Planning Controls
• Judicial Review
• Unlawful Administrative Action
• Derogation Of Value
• Interpretation Of Statutes

Knoetze v Botes N.O (1802/2020)

Knoetze v Botes N.O (1802/2020) [2025] ZAECMKHC 37 (15 April 2025)

Court

Eastern Cape High Court, Makhanda

Case number

1802/2020

Judge

Rugunanan

The court held the developer liable for damages after finding it fraudulently failed to disclose a latent roof-truss defect that caused a fire.

• Latent Defect
• Fraudulent Non Disclosure
• Building Regulations
• Voetstoots Clause
• Expert Evidence
• Damages Quantification

Daarus Saada Prperties v Violet and Another (2022/014415)

Daarus Saada Prperties v Violet and Another (2022/014415) [2025] ZAGPJHC 393 (14 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/014415

Judge

Engelbrecht

The High Court denied a postponement request, held the demolition relief academic after compliance steps, and ordered costs against the first respondent.

• Building Regulations
• Demolition Orders
• Approved Building Plans
• Costs Orders
• Building-regulations
• Demolition-orders

Adoway (Pty) Ltd and Others v Tshwane Metropolitan Municipality and Others (031793/2023)

Adoway (Pty) Ltd and Others v Tshwane Metropolitan Municipality and Others (031793/2023) [2025] ZAGPPHC 339 (27 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

031793/2023

Judge

N P Mali

The court found that the City’s refusal to approve the full title building plans was rational, reasonable, and lawful. The approval of site development plans and sectional title building plans did not confer an automatic right to approval of full title building plans, as each process is governed by distinct legal requirements. The City’s decision was based on the presence of windows on boundary lines, which could disfigure or derogate the value of neighbouring properties and pose safety and privacy risks. The applicants failed to demonstrate that the City’s decision was irrational or contrary…

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• Promotion Of Administrative Justice Act
• Building Regulations
• Municipal Decision Review
• Property Rights
• Site Development Plans

Neospace (Pty) Ltd v F and J Engelbrecht Familie Bellegings (Pty) Ltd and Others (03843/2024)

Neospace (Pty) Ltd v F and J Engelbrecht Familie Bellegings (Pty) Ltd and Others (03843/2024) [2025] ZAGPJHC 55 (27 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

03843/2024

Judge

Mahalelo

The High Court dismissed Neospace’s application for leave to appeal, finding the interim order was not appealable and that no reasonable prospects of success existed.

• Interim Interdict
• Appealability Of Interim Orders
• Spatial Planning And Land Use Management
• Building Regulations
• Costs Award
• Leave To Appeal Threshold

City of Cape Town v Ereomax (Pty) Ltd and Others (9612/2023)

City of Cape Town v Ereomax (Pty) Ltd and Others (9612/2023) [2024] ZAWCHC 394 (27 November 2024)

Court

Western Cape High Court, Cape Town

Case number

9612/2023

Judge

Nziweni

The court found that the property, designated as public open space in the approved township subdivision, vested in the City of Cape Town by operation of law under the Township Planning Ordinance and/or Municipal Planning Bylaw, regardless of the registration in the deeds registry. The negative system of deeds registration in South Africa means that registration does not guarantee ownership, and the true owner retains rights despite erroneous registration. The first respondent's arguments regarding factual disputes and estoppel were rejected, as no genuine dispute of fact was established and t…

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• Vesting Of Land
• Deeds Registry Negative System
• Municipal Planning Bylaw
• Interdict
• Estoppel
• Building Regulations

Fono and Another v Port St Johns Municipality (1271/2022)

Fono and Another v Port St Johns Municipality (1271/2022) [2024] ZASCA 161 (22 November 2024)

Court

Supreme Court of Appeal

Case number

1271/2022

Judges

Mocumie, Mabindla-Boqwana, Smith, Mjali, Mantame

The SCA set aside a demolition order for unlawful construction, but confirmed that the builder had to regularise the work under SPLUMA and may be ordered to comply.

• Building Regulations
• Spatial Planning
• Municipal By Laws
• Customary Law Vs Municipal Law
• Remedial Orders
• Demolition Orders