Govan Mbeki Municipality v Bosch Munitech (Pty) Ltd (Leave to Appeal) (33425/2016) [2025] ZAGPPHC 136 (18 February 2025)
Court
North Gauteng High Court, Pretoria
Case number
33425/2016
Judge
Collis
The High Court refused Govan Mbeki Municipality’s leave to appeal application, holding that it had not shown reasonable prospects of success under section 17 of the Superior Courts Act.
River Gate Properties (Pty) Ltd and Another v Asmal NO and Others (97167/16) [2018] ZAGPJHC 89 (29 March 2018)
Court
South Gauteng High Court, Johannesburg
Case number
97167/16
Judge
Molahlehi
The court found that the respondents erected thirty residential units on the property without approved building plans, in contravention of the Town Planning Scheme and restrictive title deed conditions. The preliminary approval relied upon by the respondents was invalid, as the official lacked authority and the municipality confirmed no valid plans existed at the relevant time. The doctrine of estoppel does not apply to organs of state where it would result in enforcement of illegality. The principle from Oudekraal and subsequent cases does not entrench the effectiveness of unlawful administr…
Source excerpt
National Building Regulations And Building Standards Act
