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South Africa Case Law

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Administrative Law [2009] ZASCA 4

True Motives 84 (Pty) Ltd v Madhi and Others (543/2007)

True Motives 84 (Pty) Ltd v Madhi and Others (543/2007) [2009] ZASCA 4; 2009 (4) SA 153 (SCA); 2009 (7) BCLR 712 (SCA) ; [2009] 2 All SA 548 (SCA) (3 March 2009)

Court
Supreme Court of Appeal
Case number
543/2007
Judges
Scott, Cameron, Heher, Jafta, Combrinck

The Supreme Court of Appeal held that section 7(1) of the National Building Regulations and Building Standards Act requires a local authority to refuse approval of building plans only if it is positively satisfied that the building will probably or in fact cause one of the undesirable outcomes listed in the section, such as derogation of value, disfigurement, or danger. Mere doubt or concern is insufficient to mandate refusal; the authority must act on a positive finding. The court found that the City of Johannesburg properly considered the statutory requirements and the potential impact on n…

Source excerpt

  • Building Regulations
  • Review Of Administrative Action
  • Delegation Of Powers
  • Derogation Of Property Value
  • Statutory Interpretation
  • Doctrine Of Precedent
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Administrative Law [2003] ZASCA 100

Paola v Jeeva NO and Others (475/2002)

Paola v Jeeva NO and Others (475/2002) [2003] ZASCA 100; [2003] 4 All SA 433 (SCA); 2004 (1) SA 396 (SCA) (26 September 2003)

Court
Supreme Court of Appeal
Case number
475/2002
Judges
Farlam, Howie, Lewis, Heher, Motata

The Supreme Court of Appeal held that the third respondent's approval of the building plans was invalid because it failed to appoint a building control officer and did not consider a recommendation from such officer, as required by the National Building Regulations and Building Standards Act. These requirements are jurisdictional facts, and their absence renders the approval void. The court further found that the proposed development would derogate from the market value of the appellant's property, as the impairment of view and proximity of the new structure would significantly diminish its v…

Source excerpt

  • Building Regulations
  • Jurisdictional Facts
  • Review Of Administrative Action
  • Town Planning
  • Derogation Of Property Value
  • Statutory Interpretation
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.