Burgerbrug Beleggings (Pty) Ltd v City of Tshwane Metropolitan Municipality (20135/2022)
Burgerbrug Beleggings (Pty) Ltd v City of Tshwane Metropolitan Municipality (20135/2022) [2025] ZAGPPHC 763 (21 July 2025)
The court found that the City’s decision to issue contravention notices to Burgerbrug constitutes administrative action under PAJA, as it is a demand with direct legal effect. However, Burgerbrug failed to establish any grounds for review under PAJA, as it did not demonstrate that the City acted unlawfully or irrationally in issuing the notices. The owner’s duty to secure its property and ensure compliance with planning and building regulations is affirmed, and the municipality’s enforcement powers are not displaced by the owner’s absence or neglect. The court rejected Burgerbrug’s constituti…
Source excerpt
- Promotion Of Administrative Justice Act
- Municipal Land Use Regulation
- Owner Liability For Unlawful Development
- Constitutional Invalidity Review
- Procedural Fairness
- Non Joinder Of Interested Parties