South Africa Case Law

Estate D'Afrique Master Owners Association NPC and Others v Christian Grosch Airboat Africa t/a Airboat Africa @ Harties (23 September 2024) (27875/2022)

Estate D'Afrique Master Owners Association NPC and Others v Christian Grosch Airboat Africa t/a Airboat Africa @ Harties (23 September 2024) (27875/2022) [2024] ZAGPPHC 938 (23 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

27875/2022

Judge

JGW Basson

The High Court dismissed an interdict application over airboat operations on the Crocodile River and Hartbeespoort Dam, finding insufficient objective proof of nuisance or environmental harm.

• Nuisance
• Noise Pollution
• Interdict
• Environmental Conservation Act
• Merchant Shipping Regulations
• Proof Of Evidence

Steenkamp and Another v Kysna Local Municipality and Another (A20/11)

Steenkamp and Another v Kysna Local Municipality and Another (A20/11) [2011] ZAWCHC 512 (22 August 2011)

Court

Western Cape High Court, Cape Town

Case number

A20/11

Judges

Griesel, Steyn, Henney

The court found that the appellants had proved, on a balance of probabilities, that the noise emanating from the second respondent's premises was unreasonable and constituted an actionable nuisance. The disturbances, particularly early morning kitchen and staff noises, materially interfered with the appellants' comfort and enjoyment of their property in a quiet residential area. The second respondent failed to demonstrate that all reasonable steps had been taken to abate the nuisance, and the measures implemented were insufficient. The locality principle did not absolve the second respondent,…

Source excerpt

• Noise Nuisance
• Private Nuisance
• Municipal By Laws
• Environmental Conservation Act
• Interdictory Relief
• Reasonableness Test

Gouws and Another v Gaddin and Others (57963/08)

Gouws and Another v Gaddin and Others (57963/08) [2009] ZAGPPHC 331 (13 February 2009)

Court

North Gauteng High Court, Pretoria

Case number

57963/08

Judge

Ledwaba

The High Court dismissed an urgent application for a temporary interdict pending review, finding no proven irreparable harm and that the balance of convenience did not favour relief.

• Petroleum Products Act
• Environmental Conservation Act
• Interim Interdict
• Review Of Administrative Action
• Balance Of Convenience
• Exhaustion Of Internal Remedies