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South Africa decisions
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Smith v Kyaligonza (22/19414) [2024] ZAGPJHC 273 (14 March 2024)
The High Court ordered a respondent to allow expert access to property for inspection and measurements in a building-dispute application, with costs reserved.
Kwadukuza Municipality v McDonalds South Africa and Others (D3430/2020) [2020] ZAKZDHC 45 (18 September 2020)
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…
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BSB International Link CC v Readam South Africa (Pty) Ltd (279/2015) [2016] ZASCA 58; [2016] 2 All SA 633 (SCA); 2016 (4) SA 83 (SCA) (13 April 2016)
The Supreme Court of Appeal found that BSB had contravened the Sandton Town Planning Scheme by exceeding the maximum coverage and failing to provide the required parking bays. The evidence presented by Readam, including expert measurements, was undisputed and established the contraventions. The municipality's approval of the building plans was unlawful and must be reviewed and set aside. The court held that, under common law, it had discretion to order partial demolition to remedy the illegality, as opposed to the statutory regime under section 21 of the NBSA, which reserves demolition applic…
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Pellencin v City of Tshwane Metropolitan Municipality (47233/11) [2012] ZAGPPHC 133 (28 June 2012)
The court ordered the municipality to issue an occupation certificate after a review board upheld the applicant’s appeal against refusal of amended building plans.
Crimson Sunset Property Bantry Bay (Pty) Ltd v City of Cape TOwn (12850/10) [2011] ZAWCHC 238 (26 May 2011)
The court found that the applicant occupied and permitted occupation of the building on Erf 822, Bantry Bay without a certificate of occupancy or written permission from the City, in contravention of the National Building Regulations and Building Standards Act and the Land Use Planning Ordinance. The deviations from the approved plans were substantial and not trivial, and the applicant failed to provide justifiable reasons for non-compliance. The applicant's conduct constituted criminal offences, and the court had no discretion to suspend the operation of a final interdict. Public policy and…
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Phomella Property Investments (Pty) Ltd v JP Nitespot CC (74000/09) [2010] ZAGPPHC 153 (12 October 2010)
The High Court dismissed an eviction application after finding no valid cancellation of the lease and no basis to require removal of fixtures.
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