South Africa Case Law

Du Toit v Knysna Municipality and Another (2954/2014)

Du Toit v Knysna Municipality and Another (2954/2014) [2015] ZAWCHC 98 (26 June 2015)

Court

Western Cape High Court, Cape Town

Case number

2954/2014

Judge

Rogers

The court held that the applicant's delay in instituting review proceedings was unreasonable per se under section 7(1) of PAJA, as the application was launched more than a year after the applicant became aware of the approval and the reasons for it. The explanation for the delay was unsatisfactory, as the applicant failed to act with reasonable vigilance both before and after learning of the approval, and did not communicate with Berkel or take steps to protect his rights during the relevant period. The extent of the delay, the lack of a convincing explanation, and the prejudice to Berkel and…

Source excerpt

• Promotion Of Administrative Justice Act
• Building Regulations
• Zoning Scheme Departure
• Delay In Review
• Height Restriction
• Judicial Discretion

Hope NO and Another v Buchanan (CA 83/2012)

Hope NO and Another v Buchanan (CA 83/2012) [2013] ZAECGHC 78 (2 August 2013)

Court

Eastern Cape High Court, Grahamstown

Case number

CA 83/2012

Judges

Nepgen, Sandi, Lowe

The High Court dismissed an appeal over a building-height servitude, holding the structure exceeded the 4-metre limit and the compliance order stood.

• Servitude Enforcement
• Building Regulations
• Height Restriction
• Measurement Of Building Height
• Servitude-enforcement
• Building-height-restriction