South Africa Case Law

Mayfair Residents Association and Others v City of Johannesburg and Others (2148/2019)

Mayfair Residents Association and Others v City of Johannesburg and Others (2148/2019) [2021] ZAGPJHC 148 (19 May 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2148/2019

Judge

L R Adams

The court found that Erf 56 is zoned as 'public open space' and its use by Dragon City and Anchor Projects for parking, storage, and commercial activities is unlawful under both the 1979 and 2018 Schemes. The City of Johannesburg could not lawfully consent to such use, nor could it override zoning restrictions by lease. The persistent commercial use has deprived residents of recreational space and caused unreasonable nuisance through noise, fumes, and traffic congestion. The applicants, as residents in the vicinity, are entitled to protection under the Scheme and to relief in the form of inte…

Source excerpt

• Zoning Scheme Enforcement
• Public Open Space Definition
• Municipal Duties
• Nuisance
• Statutory Interdict
• Interpretation Of Town Planning Schemes

Jacobs N.O and Others v Breede Vallei Munisipaliteit (A520/2014)

Jacobs N.O and Others v Breede Vallei Munisipaliteit (A520/2014) [2016] ZAWCHC 86 (24 June 2016)

Court

Western Cape High Court, Cape Town

Case number

A520/2014

Judges

Riley, Le Grange

The court held that making mushroom substrate on Agricultural Zone 1 land was part of bona fide farming and not a prohibited composting activity. The appeal succeeded.

• Zoning Regulations
• Interpretation Of Town Planning Schemes
• Agricultural Activities
• Final Interdict
• Statutory Duties Of Municipalities
• Zoning-regulations