Albert Luthuli Local Municipality and Another v Erwe 201 and 207 Germiston West CC and Others (2822/2027)
Albert Luthuli Local Municipality and Another v Erwe 201 and 207 Germiston West CC and Others (2822/2027) [2022] ZAMPMBHC 29 (11 May 2022)
The court found that both the 2011 and 2017 orders are constitutionally sound and enforceable. The Municipality's arguments regarding impossibility, lack of specificity, and constitutional invalidity were rejected. The orders do not directly affect the rights of occupiers at this stage, as any eviction or demolition would require further proceedings where affected parties could be heard. The Municipality's delay in seeking rescission was inordinate and unexplained, and the defence of res judicata applies, barring the application. The alternative relief sought by the Municipality is unnecessar…
Source excerpt
- Eviction Proceedings
- Municipal Duties
- Building Regulations
- Consent To Occupy Land
- Res Judicata
- Constitutional Rights