Wayne's Electrical & Refrigeration (Pty) Ltd and Others v The Enoch Mgijima Local Municipality and Others (675/2021)
Wayne's Electrical & Refrigeration (Pty) Ltd and Others v The Enoch Mgijima Local Municipality and Others (675/2021) [2022] ZAECMKHC 6 (26 April 2022)
The court found that the first respondent failed to comply with statutory requirements for notification and consideration of objections in the rezoning and removal of restrictive conditions. Notices were not properly served on affected landowners, denying them the opportunity to object. The first respondent did not furnish reasons for its decisions nor demonstrate that prescribed issues were considered. The objection received from Mr Coetzee was not addressed in the decision, and the approval of building plans deviated from the approved site development plan. The applicants were not required…
Source excerpt
- Promotion Of Administrative Justice Act
- Spatial Planning And Land Use Management Act
- Removal Of Restrictive Conditions
- Failure To Notify Interested Parties
- Municipal By Laws
- Review Of Administrative Action