South Africa Case Law

Kwadukuza Municipality v Stangvest Investments (Pty) Ltd and Others (AR134/22)

Kwadukuza Municipality v Stangvest Investments (Pty) Ltd and Others (AR134/22) [2023] ZAKZPHC 112 (16 October 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR134/22

Judges

Chetty, Balton, Vahed

The court held that the operation of a hardware store by Jabula Hardware on Erf 981 did not contravene the KwaDukuza Land Use Management Scheme's Mixed Core Use 3 zoning, as a hardware shop is a permitted retail activity and does not constitute a builder's supply yard, which refers to open land for industrial-scale storage. The municipality's attempt to restrict use of the adjacent municipal parking (Erf 3108) was irrational and selectively enforced, as similar businesses were not targeted. The alleged building alterations were minor and did not warrant planning approval or a new certificate…

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• Municipal Zoning
• Town Planning Schemes
• Urgent Interdict
• Building Regulations
• Certificate Of Occupation
• Selective Enforcement

Kruger and Another v Rayner and Others (11197/17P)

Kruger and Another v Rayner and Others (11197/17P) [2020] ZAKZPHC 9; [2020] 2 All SA 138 (KZP) (9 January 2020)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

11197/17P

Judge

Chetty

The court found that while the respondents had not obtained the necessary planning approval for operating a school on agricultural land, the applicants failed to demonstrate substantial harm or nuisance beyond a minor interference with their amenities. The applicants' locus standi was not established on the facts, as their interests were not distinct from those of the general public and no substantive evidence of harm was provided. The court emphasised the constitutional right of the learners to basic education and the negative impact that closure of the school would have on them. The Departm…

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• Spatial Planning And Land Use Management Act
• Municipal Planning By Laws
• Independent School Registration
• Certificate Of Occupation
• Children Right To Education
• Locus Standi

Ngcobo and Others v Mathonsi and Others (685/2017)

Ngcobo and Others v Mathonsi and Others (685/2017) [2019] ZAKZDHC 32 (16 May 2019)

Court

Kwazulu-Natal High Court, Durban

Case number

685/2017

Judge

Radebe

The court set aside the transfer of a municipal property to one sister, holding that the statutory inquiry required by section 2 of the Act had not been conducted.

• Conversion Of Rights Act
• Intestate Succession
• Transfer Of Property
• Certificate Of Occupation
• Judicial Review
• Property-law

Shepstone House Two Ltd v Msunduzi Municipality and Others (3796/2012)

Shepstone House Two Ltd v Msunduzi Municipality and Others (3796/2012) [2012] ZAKZPHC 51 (7 August 2012)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

3796/2012

Judge

Koen

The court refused relief to the applicant, confirmed the municipality’s rule nisi, and held that occupation above the ground floor was unlawful without a certificate of occupation.

• Municipal Bylaws
• Electricity Supply Contracts
• Certificate Of Occupation
• Unlawful Occupation
• Prevention Of Illegal Eviction Act
• Costs Orders

Molokomme and Another v Premier of the North-West Province and Others (1/2000)

Molokomme and Another v Premier of the North-West Province and Others (1/2000) [2000] ZANWHC 8 (5 June 2000)

Court

North West High Court, Mafikeng

Case number

1/2000

Judge

Mogoeng

The applicants contravened the relevant regulations by subletting the property and failing to pay rental and municipal charges for an extended period, which entitled the third respondent to act against them. However, the third respondent did not cancel the certificate of occupation as provided for in the regulations but instead imposed an interdict preventing the applicants from acquiring ownership. The court found no regulatory or statutory basis for the third respondent to impose such an interdict. The proper course would have been cancellation of the certificate of occupation. Furthermore,…

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• Certificate Of Occupation
• Municipal Interdict
• Contravention Of Regulations
• Preferential Right To Purchase
• Local Government Powers