South Africa Case Law

Dykema v Malebane and Another (CCT332/18)

Dykema v Malebane and Another (CCT332/18) [2019] ZACC 33; 2019 (11) BCLR 1299 (CC) (10 September 2019)

Court

Constitutional Court

Case number

CCT 332/18

Judges

Mogoeng, Cameron, Froneman, Jafta, Khampepe, Ledwaba, Madlanga, Mhlantla, Nicholls, Theron

The Constitutional Court held that applications submitted but not finalised before the expiry of the suspension of invalidity under the Development Facilitation Act remained valid and pending. The rationale for the suspension was to preserve rights and avoid administrative disruption, and it would be arbitrary and unjust to invalidate such applications merely because they were not finalised before the expiry date. Section 60(2)(a) of the Spatial Planning and Land Use Management Act was enacted to address this gap and provides that all pending applications must be continued and disposed of und…

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• Development Facilitation Act
• Spatial Planning And Land Use Management Act
• Suspended Declaration Of Invalidity
• Pending Administrative Applications
• Just Administrative Action
• Statutory Interpretation

New Invest 263(Pty) Ltd v Investec Ltd and Others (1776A/17)

New Invest 263(Pty) Ltd v Investec Ltd and Others (1776A/17) [2019] ZAGPPHC 178 (17 May 2019)

Court

North Gauteng High Court, Pretoria

Case number

1776A/17

Judge

Khumalo

The court found that the applicant acquired the two units on separate title deeds following their initial registration by the developer. The alleged irregularity in registration was not caused by the applicant, and neither Rand Water nor the Body Corporate had taken steps to set aside the registrations or municipal approvals. The factual existence of the separate registrations stands until set aside by a competent court, and the applicant's right to alienate the units separately is not negated by the developer's or scheme's non-compliance. The Body Corporate lacks standing to compel consolida…

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• Sectional Title Registration
• Alienation Of Land Act
• Municipal Planning Approval
• Development Facilitation Act
• Declaratory Relief

Mabelane v Dykema and Another (1054/2017)

Mabelane v Dykema and Another (1054/2017) [2018] ZASCA 174; [2019] 1 All SA 316 (SCA) (3 December 2018)

Court

Supreme Court of Appeal

Case number

1054/2017

Judges

Wallis, Swain, Dambuza, Schippers, Mothle

The majority held that an application is only 'pending' if the tribunal or authority still has the power to determine it. After the expiry of the suspension of constitutional invalidity on 17 June 2012, the development tribunal lost its authority to decide applications under the Development Facilitation Act. Therefore, any application not disposed of before that date ceased to be pending and could not be revived by s 60(2)(a) of SPLUMA. The purported approval of the respondent's application by the tribunal after the expiry date was invalid. The municipality was not obliged to process the resp…

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• Development Facilitation Act
• Spatial Planning And Land Use Management Act
• Pending Applications
• Constitutional Invalidity
• Just Administrative Action

Patmar Explorations (Pty) Ltd and Others v Limpopo Development Tribunal and Others (1250/2016)

Patmar Explorations (Pty) Ltd and Others v Limpopo Development Tribunal and Others (1250/2016) [2018] ZASCA 19; 2018 (4) SA 107 (SCA) (16 March 2018)

Court

Supreme Court of Appeal

Case number

1250/2016

Judges

Navsa, Wallis, Mathopo, Davis, Hughes

The Supreme Court of Appeal held that the effect of the Constitutional Court’s suspension of invalidity expiring was to deprive the Limpopo Development Tribunal of the power to determine applications lodged but not disposed of prior to 17 June 2012. The Tribunal’s decision to approve the development application after that date was invalid. The High Court erred by disregarding a previous judgment of its own division on the same issue, contrary to the doctrine of stare decisis, which requires a judge to follow such a decision unless it is clearly wrong. The respondents failed to demonstrate tha…

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• Development Facilitation Act
• Stare Decisis
• Judicial Review
• Constitutional Invalidity

Dykema v Bela Bela Local Municipality and Another (91319/15)

Dykema v Bela Bela Local Municipality and Another (91319/15) [2017] ZAGPPHC 277 (22 June 2017)

Court

North Gauteng High Court, Pretoria

Case number

91319/15

Judge

Cassim

The court found that the approval granted by the DFT to the applicant on 1 November 2012 was a nullity, as the tribunal lacked statutory power after the expiry of the suspension period on 17 June 2012, in line with the Shelton decision. Consequently, the applicant cannot obtain relief based on the invalid approval. However, the court held that the applicant's application for land use rights remains pending before the Municipality and must be processed and disposed of in terms of section 60(2)(a) of SPLUMA. The Municipality is directed to commence processing the application within 60 days of t…

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• Spatial Planning And Land Use Management Act
• Development Facilitation Act
• Municipal Planning Authority
• Transitional Provisions
• Mandamus
• Pending Application Processing

Patmar Explorations (Pty) Ltd and Others v Limpopo Development Tribunal and Others (67446/2012)

Patmar Explorations (Pty) Ltd and Others v Limpopo Development Tribunal and Others (67446/2012) [2015] ZAGPPHC 1089 (24 June 2015)

Court

North Gauteng High Court, Pretoria

Case number

67446/2012

Judge

N.F Kgomo

The court held that the Limpopo Development Tribunal was not divested of its powers to consider and approve land development applications submitted before the expiry of the suspension period of constitutional invalidity of Chapters V and VI of the Development Facilitation Act. The Constitutional Court's judgment did not bar tribunals outside Johannesburg and eThekwini from finalising such applications, and the declaration of invalidity was not retrospective. The applicants failed to establish that the Tribunal lacked authority or that the approval was unlawful on the sole ground advanced. Pro…

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• Development Facilitation Act
• Constitutional Invalidity
• Municipal Planning
• Legality Review
• Promotion Of Administrative Justice Act
• Land Use Rights

Stouffs v Salvadora Properties Eight Three CC and Others (46655/2012)

Stouffs v Salvadora Properties Eight Three CC and Others (46655/2012) [2014] ZAGPPHC 552 (14 July 2014)

Court

North Gauteng High Court, Pretoria

Case number

46655/2012

Judge

A.A. Louw

The court found that the MDT failed to provide adequate reasons for its decision, as required by PAJA, and did not furnish a proper record of the proceedings. The reasons given were generic and did not address the evidence led by the applicant and other objectors. The MDT did not provide proof to the contrary, resulting in a presumption that the administrative action was taken without good reason. The applicant took all reasonable steps to exhaust internal remedies, but was frustrated by the dysfunction and lack of resources of the MDT and MDAT, which deprived him of his right to appeal. The…

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• Promotion Of Administrative Justice Act
• Failure To Provide Reasons
• Exhaustion Of Internal Remedies
• Development Facilitation Act
• Procedural Fairness

Nabuvax (Pty) Ltd and Others v City of Tshwane Metropolitan Municipality and Others (31875/13)

Nabuvax (Pty) Ltd and Others v City of Tshwane Metropolitan Municipality and Others (31875/13) [2013] ZAGPPHC 181; [2013] 3 All SA 528 (GNP) (2 July 2013)

Court

North Gauteng High Court, Pretoria

Case number

31875/13

Judge

Kollapen

The court found that the applicants had established a prima facie right to seek an interim interdict, as construction activities were being undertaken without the requisite approval of building plans in terms of the National Building Regulations and Building Standards Act. The urgency was justified by the ongoing construction, which could result in irreversible changes to the property. The balance of convenience favoured the applicants, as the harm to them outweighed any prejudice to the respondents. The court held that pending the outcome of the review application, it was appropriate to rest…

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• Interim Interdict
• Building Regulations
• Township Establishment
• Review Of Administrative Action
• Urgency
• Development Facilitation Act

Mogalakwena Local Municipality v Semmogo Property Development (Pty) Ltd and Others (18585/2013)

Mogalakwena Local Municipality v Semmogo Property Development (Pty) Ltd and Others (18585/2013) [2013] ZAGPPHC 559 (6 May 2013)

Court

North Gauteng High Court, Pretoria

Case number

18585/2013

Judge

Mothle

The court held that the order of the Constitutional Court declaring Chapters V and VI of the Development Facilitation Act invalid took full effect after the expiry of the suspension period on 17 June 2012. No Tribunal in South Africa was authorised to consider applications under those chapters after that date, regardless of when the applications were lodged. The respondents' argument that powers under Chapter III and section 16 survived was rejected, as those functions were tied to the now-invalidated chapters. The applicant's municipal manager and attorneys were found to be duly authorised u…

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• Development Facilitation Act
• Constitutional Invalidity
• Municipal Powers
• Delegation Of Authority
• Urgent Interdict
• Interpretation Of Court Orders

Warren v Member of the Executive Council Eastern Cape, Department of Housing Local Governement and Traditional Affairs (EL220/07, ECD520/07)

Warren v Member of the Executive Council Eastern Cape, Department of Housing Local Governement and Traditional Affairs (EL220/07, ECD520/07) [2008] ZAECHC 113 (10 July 2008)

Court

High Courts - Eastern Cape

Case number

EL220/07, ECD520/07

Judge

A.R. Erasmus

The High Court dismissed a review of a land-subdivision appeal, holding that the administrator properly considered relevant factors, including zoning, restrictive conditions, and planning principles.

• Subdivision Of Land
• Restrictive Title Conditions
• Land Use Planning Ordinance
• Development Facilitation Act
• Administrative Review
• Administrative-review