South Africa Case Law

Wilds Homeowners' Association NPC v Pillay and Others

Wilds Homeowners' Association NPC v Pillay and Others [2023] ZAGPPHC 242; 33571/2022 (12 April 2023)

Court

North Gauteng High Court, Pretoria

Case number

33571/2022

Judge

Bam

The court found that the applicant failed to prove the pergola was unlawfully erected, as the plans were approved by both the applicant and the municipality, with the encroachment being evident at the time of approval. The applicant’s case changed materially in its replying affidavit, which is impermissible and prejudicial to the respondents. Expert evidence established that the pergola is an open structure, and the applicant provided no contrary expert testimony. The relief sought against the municipality is incompetent, as only the local authority or Minister may seek demolition under the B…

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• Building Standards Act
• Demolition Order
• Waiver
• Res Judicata
• Architectural Guidelines
• Mandamus

Wilds Homeowners Association NPC v Pillay and Others

Wilds Homeowners Association NPC v Pillay and Others [2023] ZAGPPHC 226; 33571/2022 (9 March 2023)

Court

North Gauteng High Court, Pretoria

Case number

33571/2022

Judge

Bam

The High Court dismissed a homeowners’ association’s bid to demolish part of a pergola alleged to encroach on a building line, finding the case changed in reply and no unlawfulness was proved.

• Building Standards Act
• Demolition Order
• Waiver
• Res Judicata
• Architectural Guidelines
• Building-standards-act

City of Cape Town and Another v Da Cruz and Another (A313/17)

City of Cape Town and Another v Da Cruz and Another (A313/17) [2018] ZAWCHC 5; [2018] 2 All SA 36 (WCC); 2018 (3) SA 462 (WCC) (2 February 2018)

Court

Western Cape High Court, Cape Town

Case number

A313/17

Judges

Hlophe, Fortuin, Sher

The court held that both the Building Control Officer and the Head of Building Development Management misapplied the legal test under section 7(1) of the National Building Regulations and Building Standards Act. Instead of positively satisfying themselves that the proposed building would not be unsightly, objectionable, or derogate from the value of neighbouring properties, they adopted the incorrect approach from True Motives, which required only the absence of a basis to be satisfied that negative outcomes would occur. The decision-makers failed to conduct a proper contextual assessment of…

Source excerpt

• Building Standards Act
• Review Of Administrative Action
• Derogation Of Value
• Unsightliness And Objectionableness
• Procedural Fairness
• Zoning Scheme Rights

Van Zyl NO and Others v Hoffmann NO and Others (3762/2010)

Van Zyl NO and Others v Hoffmann NO and Others (3762/2010) [2012] ZAFSHC 123 (22 June 2012)

Court

Free State High Court, Bloemfontein

Case number

3762/2010

Judge

J.P. Daffue

The court dismissed the defendant’s application for absolution from the instance, finding the plaintiffs had made out a prima facie case on the contractual and authority issues.

• Alienation Of Land Act
• Absolution From The Instance
• Breach Of Contract
• Trustee Authority
• Building Standards Act
• Absolution-from-the-instance

Meara v Van der Merwe and Others (6444/2007)

Meara v Van der Merwe and Others (6444/2007) [2011] ZAWCHC 108 (21 June 2011)

Court

Western Cape High Court, Cape Town

Case number

6444/2007

Judge

S Oliver, AJ

The High Court reviewed and set aside a Review Board decision refusing building-plan approval, finding an error of law and a reasonable apprehension of bias.

• Building Standards Act
• Title Deed Restrictions
• Judicial Review
• Municipal Zoning
• Bias In Administrative Decision
• Bed And Breakfast Regulation