South Africa Case Law

Dihlabeng Local Municipality v Khumalo and Another (2706/2024)

Dihlabeng Local Municipality v Khumalo and Another (2706/2024) [2024] ZAFSHC 398 (19 December 2024)

Court

Free State High Court, Bloemfontein

Case number

2706/2024

Judge

Hefer AJ

The court found that the respondents are unlawful occupiers under the PIE Act, as they occupy the property without the express or tacit consent of the registered owner, the municipality. The respondents' version of acquiring occupation through a councillor and municipal official was accepted as fact but did not confer legal authority, as only the municipal council can allocate or sell municipal land. The court considered the duration of occupation, the manner in which occupation was effected, and the respondents' investment in the property. The applicant failed to act promptly to prevent the…

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• Eviction Under Pie Act
• Unlawful Occupation
• Municipal Land Management
• Building Regulations Compliance
• Demolition Order
• Just And Equitable Eviction

Seshoene v Masogo and Others (707/2014)

Seshoene v Masogo and Others (707/2014) [2024] ZALMPPHC 105 (30 August 2024)

Court

Limpopo High Court, Polokwane

Case number

707/2014

Judge

GC Muller

The High Court held that the respondents’ garage unlawfully encroached on the applicant’s property and ordered demolition or safe partial demolition.

• Unlawful Encroachment
• Demolition Order
• Common Law Ownership
• Municipal Regulations
• Compensation Vs Removal
• Property-law

Ekurhuleni Metropolitan Municipality v Lesufi (2022/058996)

Ekurhuleni Metropolitan Municipality v Lesufi (2022/058996) [2024] ZAGPJHC 663 (17 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/058996

Judge

S Aucamp

The High Court ordered demolition of unlawful structures built without approved plans and awarded costs, finding the respondent had ignored municipal notices and court directives.

• National Building Regulations
• Unlawful Structures
• Demolition Order
• Municipal Powers
• Town Planning Scheme
• Unlawful-structures

Basfour 3327 (Pty) Ltd v Thwala and Others (Leave to Appeal) (LCC160/2017B)

Basfour 3327 (Pty) Ltd v Thwala and Others (Leave to Appeal) (LCC160/2017B) [2023] ZALCC 28 (11 September 2023)

Court

Land Claims Court

Case number

LCC160/2017B

Judge

Flatela Luleka

The Land Claims Court granted leave to appeal on whether demolition-related relief was wrongly treated as contingent on contempt findings.

• Unauthorized Construction
• Contempt Of Court
• Demolition Order
• Extension Of Security Of Tenure Act
• Reasonable Prospects Of Success
• Leave-to-appeal

Arcadia Residents and Ratepayers Association v Florap (Pty) Ltd and Others (3714/2022)

Arcadia Residents and Ratepayers Association v Florap (Pty) Ltd and Others (3714/2022) [2023] ZAGPPHC 603 (21 July 2023)

Court

North Gauteng High Court, Pretoria

Case number

3714/2022

Judge

E Labuschagne

High Court contempt and interdict proceedings over unlawful building works at a heritage property in Arcadia. The court postponed relief against one respondent and granted enforcement and interim restraint orders.

• Contempt Of Court
• Building Regulations
• Heritage Protection
• Interdict
• Demolition Order
• Contempt-of-court

Prinsloo NO and Others v Hlongwane (LCC39/2009B)

Prinsloo NO and Others v Hlongwane (LCC39/2009B) [2023] ZALCC 24 (21 July 2023)

Court

Land Claims Court

Case number

LCC39/2009B

Judge

Ncube

The Land Claims Court confirmed a rule nisi, found the respondent in contempt for ignoring a 2010 order, and ordered demolition of unlawfully built structures.

• Contempt Of Court
• Interdict
• Mandamus
• Unlawful Occupation
• Demolition Order
• Contempt-of-court

Wilds Homeowners' Association NPC v Pillay and Others

Wilds Homeowners' Association NPC v Pillay and Others [2023] ZAGPPHC 242; 33571/2022 (12 April 2023)

Court

North Gauteng High Court, Pretoria

Case number

33571/2022

Judge

Bam

The court found that the applicant failed to prove the pergola was unlawfully erected, as the plans were approved by both the applicant and the municipality, with the encroachment being evident at the time of approval. The applicant’s case changed materially in its replying affidavit, which is impermissible and prejudicial to the respondents. Expert evidence established that the pergola is an open structure, and the applicant provided no contrary expert testimony. The relief sought against the municipality is incompetent, as only the local authority or Minister may seek demolition under the B…

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• Building Standards Act
• Demolition Order
• Waiver
• Res Judicata
• Architectural Guidelines
• Mandamus

Wilds Homeowners Association NPC v Pillay and Others

Wilds Homeowners Association NPC v Pillay and Others [2023] ZAGPPHC 226; 33571/2022 (9 March 2023)

Court

North Gauteng High Court, Pretoria

Case number

33571/2022

Judge

Bam

The High Court dismissed a homeowners’ association’s bid to demolish part of a pergola alleged to encroach on a building line, finding the case changed in reply and no unlawfulness was proved.

• Building Standards Act
• Demolition Order
• Waiver
• Res Judicata
• Architectural Guidelines
• Building-standards-act

Shilane v Ten Napel and Others: In re: Ten Napel and Another v Ekurhuleni Metropolitan Municipality and Another (A5017/2022)

Shilane v Ten Napel and Others: In re: Ten Napel and Another v Ekurhuleni Metropolitan Municipality and Another (A5017/2022) [2022] ZAGPJHC 913 (17 November 2022)

Court

South Gauteng High Court, Johannesburg

Case number

A5017/2022

Judges

Moorcroft, Senyatsi, Van Nieuwenhuizen

The appeal was dismissed because the appellant's unlawful conduct persisted despite contravention notices and undertakings. The rezoning and removal of restrictive conditions did not legalise the structure, which remained in breach of building regulations and planning scheme requirements. The court confirmed that affected neighbours have standing to seek demolition under private law, and that the discretion to order demolition was properly exercised by the court a quo. The application for condonation and reinstatement of the appeal was granted, but the merits did not justify interference with…

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• Demolition Order
• Building Regulations
• Town Planning Scheme
• Standing Of Neighbours
• Condonation Of Late Appeal
• Private Law Remedy

City of Tshwane Metropolitan Municipality v Styger (12306/2020)

City of Tshwane Metropolitan Municipality v Styger (12306/2020) [2022] ZAGPPHC 173 (31 March 2022)

Court

North Gauteng High Court, Pretoria

Case number

12306/2020

Judge

N Davis

The respondent unlawfully converted a single dwelling into four units without submitting building plans or applying for rezoning, in breach of the National Building Standards Act and the Tshwane Town-Planning Scheme. The works were substantial, involving alterations to roof structures, electrical, water, and sewage installations, and could not be classified as minor or maintenance. The respondent's technical defences, including objections to the authority of the deponent and non-joinder of occupiers, were rejected as self-serving and without merit. The respondent's reliance on Wierda Properti…

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• National Building Regulations
• Unlawful Building Works
• Zoning Contravention
• Declaratory Relief
• Demolition Order
• Punitive Costs