South Africa Case Law

N.C.M v Trustees for the time being of the Red Cherry Trust and Others (2024-003605)

N.C.M v Trustees for the time being of the Red Cherry Trust and Others (2024-003605) [2025] ZAGPJHC 662 (2 July 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2024-003605

Judge

Aucamp

The High Court allowed transfer of an encroached strip of land for fair value, finding demolition disproportionate after a 22-year delay and limited prejudice.

• Boundary Encroachment
• Registration Of Servitude
• Compensation For Encroachment
• Neighbour Law
• Removal Of Unlawful Structure
• Boundary-encroachment

Chundhur v Rampersad (D7934/2020)

Chundhur v Rampersad (D7934/2020) [2025] ZAKZDHC 24 (8 May 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D7934/2020

Judge

Henriques

The court found that while the applicant was entitled to seek relief for the encroachment, the circumstances of the case, including the history of the sectional title scheme, the conduct of the parties, and the disproportionate cost of demolition, rendered compensation a fair and equitable remedy. The respondent admitted the encroachment and tendered compensation. The court accepted the respondent's valuation of R11,500.00 as market-related and realistic. The points in limine regarding non-joinder and lis pendens were dismissed, as neither the body corporate, municipality, nor CSOS had a dire…

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• Encroachment
• Neighbour Law
• Compensation For Encroachment
• Joinder
• Lis Pendens
• Sectional Title Schemes

Raymond Mhlaba Municipality v Coega Packing (Pty) Ltd (CA 241/2022)

Raymond Mhlaba Municipality v Coega Packing (Pty) Ltd (CA 241/2022) [2024] ZAECMKHC 1 (16 January 2024)

Court

Eastern Cape High Court, Makhanda

Case number

CA 241/2022

Judges

Pakati, Brooks, Bands

The court held that service of process was properly effected on a person in attendance at the Municipal Manager's office, satisfying statutory requirements. The appellant's explanation for default was unreasonable and amounted to wilful disregard of court process. The compensation awarded was based on expert valuation and was liquid and determinable. The relief granted was within the court's discretion, balancing the impracticality and public interest of removing the graveyard and sewerage works. The use of the Expropriation Act was limited to calculating solatium, not expropriation. No proce…

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• Municipal Encroachment
• Rescission Of Judgment
• Service Of Process
• Compensation For Encroachment
• Expropriation Act Solatium
• Liquidated Vs Unliquidated Claims

Polokwane Municipality v Double Four Properties and Another ; Broadlands Home Owners Association NPC v Double Four Properties and Another (879/2022; 913/2022)

Polokwane Municipality v Double Four Properties and Another ; Broadlands Home Owners Association NPC v Double Four Properties and Another (879/2022; 913/2022) [2023] ZASCA 158 (23 November 2023)

Court

Supreme Court of Appeal

Case number

879/2022; 913/2022

Judges

Mocumie, Nicholls, Goosen, Koen, Unterhalter

The SCA dismissed two special leave applications, holding that the high court’s sewer and encroachment orders were interim or interlocutory and not appealable.

• Interim Interdict
• Appealability Of Orders
• Municipal By Laws
• Encroachment
• Compensation For Encroachment
• Appealability-of-orders

Mbane v Gxenya and Another (14211/2022)

Mbane v Gxenya and Another (14211/2022) [2023] ZAWCHC 91 (2 May 2023)

Court

Western Cape High Court, Cape Town

Case number

14211/2022

Judge

P. S. Van Zyl

The High Court held that a boundary wall encroached on the applicant’s property and ordered demolition, rejecting non-joinder, estoppel, and compensation arguments.

• Boundary Encroachment
• Mandatory Interdict
• Estoppel
• Joinder
• Compensation For Encroachment
• Boundary-encroachment

Raymond Mhlaba Local Municipality v Coega Packaging (Pty) Ltd (1838/2021)

Raymond Mhlaba Local Municipality v Coega Packaging (Pty) Ltd (1838/2021) [2022] ZAECMKHC 110 (29 November 2022)

Court

Eastern Cape High Court, Makhanda

Case number

1838/2021

Judge

Rugunanan

The High Court granted leave to appeal in a rescission matter, finding the dispute raised public-importance issues about encroachment, expropriation, and municipal powers.

• Expropriation
• Municipal Powers
• Leave To Appeal
• Compensation For Encroachment
• Reasonable Prospect Of Success
• Leave-to-appeal

Double Four Properties (Pty) Ltd v Polokwane Municipality and Another (HCAA21/2021)

Double Four Properties (Pty) Ltd v Polokwane Municipality and Another (HCAA21/2021) [2022] ZALMPPHC 52 (11 August 2022)

Court

Limpopo High Court, Polokwane

Case number

HCAA21/2021

Judges

GC Muller, EM Makgoba, MG Phatudi

The court found that Double Four Properties has a prima facie right to a sewer connection, and the municipality's failure to provide such connection resulted in a persistent health hazard and financial loss. The requirements for interim relief were met: there was a well-grounded apprehension of irreparable harm, the balance of convenience favoured Double Four, and no satisfactory alternative remedy existed. The municipality's reliance on procedural requirements did not absolve its constitutional and statutory obligations, especially given the approved building plans and occupation certificate…

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• Municipal Services
• Interim Interdict
• Encroachment
• Compensation For Encroachment
• Building Regulations
• Servitude Registration

Dyecomber (Pty) Ltd and Another v East Coast Papers CC (AR 469/12)

Dyecomber (Pty) Ltd and Another v East Coast Papers CC (AR 469/12) [2013] ZAKZPHC 61 (7 November 2013)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 469/12

Judges

Koen, Lopes, Chili

The court held that the encroaching structure was illegal, as no building plans had been approved by the municipality. In terms of section 4 of the National Building Regulations and Building Standards Act and the principle of legality, the court had no discretion to permit the illegal structure to remain, regardless of whether the application was brought by a neighbour or the municipality. The non-joinder of the municipality was fatal to the appellants' counter-application for compensation, as the municipality had a direct and substantial interest in any order permitting the illegal structure…

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• Illegal Structure
• Building Regulations
• Encroachment
• Removal Of Structure
• Compensation For Encroachment
• Non Joinder