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South Africa Case Law

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Land And Property [2022] ZAFSHC 209

Highway Junction (Pty) Ltd and Others v Di-Thabeng Truck and Taxi (Pty) Ltd and Others (5821/2021)

Highway Junction (Pty) Ltd and Others v Di-Thabeng Truck and Taxi (Pty) Ltd and Others (5821/2021) [2022] ZAFSHC 209 (25 August 2022)

The High Court granted leave to appeal against its land-use interdict order and the refusal of further relief, sending the matter to the Supreme Court of Appeal.

  • Spatial Planning And Land Use Management Act
  • Municipal Planning By Law
  • Interdictory Relief
  • Change Of Land Use
  • Leave-to-appeal
  • Land-use-planning
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Administrative Law [2010] ZAWCHC 69

Sea Front for All and Another v MEC: Environmental and Development Planning, Western Cape Provincial Government and Others (15974/07)

Sea Front for All and Another v MEC: Environmental and Development Planning, Western Cape Provincial Government and Others (15974/07) [2010] ZAWCHC 69; 2011 (3) SA 55 (WCC) (26 March 2010)

The court found that the MEC, in granting environmental authorisation for the redevelopment of the Sea Point Pavilion site, failed to comply with mandatory requirements under section 22(2) of the Environmental Conservation Act by not considering reports on alternative land uses, particularly the 'no-go' option. The scoping reports relied upon did not investigate alternatives, and the MEC's decision was materially influenced by an expert report co-authored by Commlife Properties, which had a potential financial interest in the approval, compromising the independence required by the regulations…

  • Environmental Impact Assessment
  • Review Of Administrative Action
  • Independence Of Expert Reports
  • Public Open Space
  • Change Of Land Use
  • Promotion Of Administrative Justice Act
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.