South Africa Case Law

Basfour 3327 (Pty) Ltd v Thwala and Others (1008/2023)

Basfour 3327 (Pty) Ltd v Thwala and Others (1008/2023) [2025] ZASCA 105 (18 July 2025)

Court

Supreme Court of Appeal

Case number

1008/2023

Judges

Makgoka, Kgoele, Unterhalter

The Supreme Court of Appeal held that the respondents unlawfully erected a new brick foundation and structure on the appellant's farm without prior engagement or consent, contrary to the requirements of meaningful engagement under the Extension of Security of Tenure Act and the principles established in Daniels v Scribante. The court found that the Land Claims Court erred by treating the application as solely dependent on contempt of court and by failing to consider the declaratory, prohibitory, and demolition relief as independent issues. The respondents' lack of engagement with the appellan…

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• Extension Of Security Of Tenure Act
• Meaningful Engagement
• Unlawful Erection Of Structures
• Property Rights
• Demolition Orders

Daarus Saada Prperties v Violet and Another (2022/014415)

Daarus Saada Prperties v Violet and Another (2022/014415) [2025] ZAGPJHC 393 (14 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2022/014415

Judge

Engelbrecht

The High Court denied a postponement request, held the demolition relief academic after compliance steps, and ordered costs against the first respondent.

• Building Regulations
• Demolition Orders
• Approved Building Plans
• Costs Orders
• Building-regulations
• Demolition-orders

Chabalala and Another v Mabunda Traditional Council and Others (2060/2024)

Chabalala and Another v Mabunda Traditional Council and Others (2060/2024) [2025] ZALMPPHC 58 (25 March 2025)

Court

Limpopo High Court, Polokwane

Case number

2060/2024

Judge

Bresler AJ

The High Court granted a final interdict stopping disputed land allocations and levy collection in Siyandhani, while making demolition relief subject to a rule nisi.

• Traditional Leadership Disputes
• Final Interdict
• Territorial Jurisdiction
• Administrative Action Review
• Demolition Orders
• Final-interdict

City of Thswane Metropolitan Municipality v Asaba and Another (2024/070674)

City of Thswane Metropolitan Municipality v Asaba and Another (2024/070674) [2025] ZAGPPHC 186 (26 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024/070674

Judge

Kumalo

The High Court confirmed a rule nisi, declared unauthorized building works unlawful, authorized demolition by the municipality, and awarded punitive costs.

• National Building Regulations
• Unlawful Construction
• Demolition Orders
• Municipal Approval
• Interdicts
• Costs Punitive

Fono and Another v Port St Johns Municipality (1271/2022)

Fono and Another v Port St Johns Municipality (1271/2022) [2024] ZASCA 161 (22 November 2024)

Court

Supreme Court of Appeal

Case number

1271/2022

Judges

Mocumie, Mabindla-Boqwana, Smith, Mjali, Mantame

The SCA set aside a demolition order for unlawful construction, but confirmed that the builder had to regularise the work under SPLUMA and may be ordered to comply.

• Building Regulations
• Spatial Planning
• Municipal By Laws
• Customary Law Vs Municipal Law
• Remedial Orders
• Demolition Orders

eThekwini Municipality v Brand IQ (Pty) Ltd and Others (D5464/2024)

eThekwini Municipality v Brand IQ (Pty) Ltd and Others (D5464/2024) [2024] ZAKZDHC 47 (12 July 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

D5464/2024

Judge

P J Combrinck

The court found that the respondents erected a substantial outdoor advertising structure without obtaining the required municipal permit or approved building plans, in clear contravention of the eThekwini Municipality: Outdoor Advertising By-law, 2018 and the National Building Regulations and Building Standards Act. The structure qualifies as a 'building' under the Act, and the applicant was entitled to seek a demolition order. The respondents' arguments that the structure was not a 'building' and that building plan requirements were not lawfully imposed were rejected. The court held that it…

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• Municipal By Laws
• Building Regulations
• Demolition Orders
• Outdoor Advertising
• Interim Interdict
• Selective Enforcement

Kwadukuza Municipality v Mahomedy and Others (5189/2020P)

Kwadukuza Municipality v Mahomedy and Others (5189/2020P) [2023] ZAKZPHC 32 (17 March 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

5189/2020P

Judge

Koen

The court granted interdictory, demolition, and remediation relief against property owners for unlawful structures, impermissible vehicle repairs, and pollution.

• Illegal Land Use
• Building Regulations
• Environmental Pollution
• Municipal By Laws
• Nuisance
• Demolition Orders

Ekurhuleni Metropolitan Municipality v Voltaire Investments CC and Others (4888/2018)

Ekurhuleni Metropolitan Municipality v Voltaire Investments CC and Others (4888/2018) [2019] ZAGPJHC 448 (5 November 2019)

Court

South Gauteng High Court, Johannesburg

Case number

4888/2018

Judge

K E Matojane

The applicant failed to prove that the statutory notice of contravention required by section 12 of the National Building Regulations and Building Standards Act was properly served on the respondents. The evidence showed that notices and letters of demand were addressed to unrelated entities and not delivered to the respondents' registered address. The applicant attempted to cure defects in its founding affidavit by introducing new material in reply, but no exceptional circumstances justified this, and the respondents were prejudiced by not being able to respond. Applying the Plascon-Evans rul…

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• National Building Regulations
• Service Of Process
• Motion Proceedings
• Demolition Orders

JR209 Investments (Pty) Ltd and Others v Homeless People Housing Cooperative Limited and Others (24505/2019)

JR209 Investments (Pty) Ltd and Others v Homeless People Housing Cooperative Limited and Others (24505/2019) [2019] ZAGPPHC 290 (11 July 2019)

Court

North Gauteng High Court, Pretoria

Case number

24505/2019

Judge

A Millar

The High Court dismissed an application for leave to appeal against an earlier contempt-related order, finding no reasonable prospect of success or other compelling reason.

• Leave To Appeal
• Contempt Of Court
• Demolition Orders
• Credibility Findings
• Leave-to-appeal
• Contempt-of-court

Erasmus v Ntenje and Others (LCC 202/2017)

Erasmus v Ntenje and Others (LCC 202/2017) [2018] ZALCC 18 (26 November 2018)

Court

Land Claims Court

Case number

LCC 202/2017

Judge

MP Canca

The Land Claims Court granted the applicant leave to appeal on issues of municipal planning law, the building regulations, and prescription under ESTA.

• Building Regulations
• Municipal Planning
• Extension Of Security Of Tenure Act
• Prescription
• Interdict
• Demolition Orders