Umzimkhulu Municipality v Kwa Nodada's Funeral Services CC (7026/2009)
Umzimkhulu Municipality v Kwa Nodada's Funeral Services CC (7026/2009) [2010] ZAKZPHC 81 (10 December 2010)
The respondent is operating a funeral parlour without the required certificate of competence, in breach of both the Health Act and municipal bylaws. Such conduct is unlawful and criminalised by statute and bylaw provisions. The requirements for a final interdict are satisfied: the applicant has a clear right established by law, the injury is ongoing due to continued unlawful operation, and no other satisfactory remedy is available, as statutory remedies do not preclude the granting of an interdict. The respondent's defences of lis pendens and res judicata fail because the prior interim order…
Source excerpt
- Municipal Bylaws Enforcement
- Certificate Of Competence
- Final Interdict
- Unlawful Conduct
- Health Regulations