South Africa Case Law

Kwadukuza Municipality v McDonalds South Africa and Others (D3430/2020)

Kwadukuza Municipality v McDonalds South Africa and Others (D3430/2020) [2020] ZAKZDHC 45 (18 September 2020)

Court

Kwazulu-Natal High Court, Durban

Case number

D3430/2020

Judge

M R Chetty

The court held that the applicant municipality is statutorily obliged to enforce compliance with the National Building Regulations and Building Standards Act and the Businesses Act. The second respondent occupied and traded from the property without the necessary certificate of occupancy and business licence, despite repeated notices and contravention warnings. The municipality's refusal to grant both temporary and permanent certificates was based on outstanding health and safety concerns, and the respondent failed to demonstrate that the refusal was irrational or unreasonable. The counter-ap…

Source excerpt

• Certificate Of Occupancy
• Business Licensing
• Municipal Enforcement
• Promotion Of Administrative Justice Act
• Health And Safety Compliance
• Interdictory Relief

Black Rose Taxi and Shuttle Services (Edms) Beperk v Kramer (963/2016)

Black Rose Taxi and Shuttle Services (Edms) Beperk v Kramer (963/2016) [2016] ZANCHC 26 (10 June 2016)

Court

Northern Cape High Court, Kimberley

Case number

963/2016

Judge

Olivier R

The court found that the applicant failed to establish, on the papers, that the initial oral agreement contained a term obliging the respondent to make his operating licence available to the applicant company for as long as it existed. The applicant's version was improbable and unsupported by the evidence, particularly given the parties' personal relationship and the lack of any indication that the respondent intended to relinquish control of his licence indefinitely. The written agreement of 3 December 2015 regulated withdrawal from the business, including the licence, and the respondent com…

Source excerpt

• Oral Contract Terms
• Business Licensing
• Interim Relief
• Referral To Evidence
• Costs Award

Somali Association of South Africa and Others v Limpopo Department of Economic Development Environment and Tourism and Others (48/2014)

Somali Association of South Africa and Others v Limpopo Department of Economic Development Environment and Tourism and Others (48/2014) [2014] ZASCA 143; 2015 (1) SA 151 (SCA); [2014] 4 All SA 600 (SCA) (26 September 2014)

Court

Supreme Court of Appeal

Case number

48/2014

Judges

Navsa, Brand, Ponnan, Majiedt, Mathopo

The Supreme Court of Appeal held that there is no blanket prohibition in the Constitution or applicable legislation against asylum seekers and refugees seeking self-employment or applying for business licences. Section 27(f) of the Refugees Act entitles refugees to seek employment, which is not limited to wage-earning employment. The right to dignity is implicated when refugees and asylum seekers are denied the ability to earn a living, leading to destitution and humiliation. The court found that the relevant licensing legislation does not exclude foreign nationals, as asylum seekers and refu…

Source excerpt

• Refugee Rights
• Right To Dignity
• Business Licensing
• Self Employment
• Discrimination
• International Obligations

Kwadukuza Municipality v Govender (13941/2010)

Kwadukuza Municipality v Govender (13941/2010) [2011] ZAKZDHC 34 (22 July 2011)

Court

Kwazulu-Natal High Court, Durban

Case number

13941/2010

Judge

K Pillay

The court granted a final interdict against a restaurant/nightclub operating as a place of public amusement without special consent and required licences.

• Town Planning Scheme
• Special Consent
• Business Licensing
• Public Amusement
• Building Regulations
• Town-planning