South Africa Case Law

South African National Parks v Biggs and Others (3161/2011)

South African National Parks v Biggs and Others (3161/2011) [2019] ZAECMHC 34; [2019] 3 All SA 987 (ECM) (20 June 2019)

Court

Eastern Cape High Court, Mthatha

Case number

3161/2011

Judge

Majiki

The court found that although the applicant did not act with the required expediency, the conduct of the third and eighteenth respondents in approving the subdivision and rezoning of agricultural land was unlawful and in breach of statutory requirements. The applicant's delay was not satisfactorily explained, but in light of constitutional jurisprudence, the court was compelled to declare the unlawful conduct invalid. The right of pre-emption was enforceable against those respondents who had knowledge of it, as evidenced by the shareholder's agreement and their direct involvement in the schem…

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• Subdivision Of Agricultural Land Act
• Land Use Planning Ordinance
• Right Of Pre Emption
• Condonation Of Delay
• Exhaustion Of Internal Remedies
• Unlawful Administrative Action

Esquire Consulting and Marketing CC and Others v Sea Glades Holdings (Pty) Ltd and Others (1315/2016)

Esquire Consulting and Marketing CC and Others v Sea Glades Holdings (Pty) Ltd and Others (1315/2016) [2017] ZASCA 167 (30 November 2017)

Court

Supreme Court of Appeal

Case number

1315/2016

Judges

Ponnan, Bosielo, Leach, Mathopo, Ploos van Amstel

The Supreme Court of Appeal held that erf 3306 was validly rezoned for business use and that LUPO’s two-year utilisation period did not bar a restaurant.

• Land Use Planning Ordinance
• Rezoning And Subdivision
• Municipal Zoning Scheme
• Interdict
• Utilisation Period
• Principle Of Legality

Georgiou t/a Georgiou Spa v Nelson Mandela Bay Metropolitan Municipality (CA26/2016)

Georgiou t/a Georgiou Spa v Nelson Mandela Bay Metropolitan Municipality (CA26/2016) [2017] ZAECGHC 1 (17 January 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

CA26/2016

Judges

C Plasket, J Roberson, M Lowe

The court found that condonation for the late filing of appeal documents should be granted in the interests of justice, given the importance of the issues and the lack of prejudice to the respondent. On the merits, the court held that regulation 3.11 of the Zoning Scheme Regulations does not permit the appellant to operate a spa as a secondary use without the Metro's special consent. The regulation requires prior notification to the Council and applies only to secondary uses that do not change the residential character of the property and are clearly secondary to dwelling purposes. The appell…

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• Zoning Scheme Regulations
• Special Consent
• Interpretation Of Regulations
• Condonation
• Land Use Planning Ordinance

Langebaan Ratespayers & Residents Association v Berrydust 69 CC and Another (15849/2015)

Langebaan Ratespayers & Residents Association v Berrydust 69 CC and Another (15849/2015) [2015] ZAWCHC 183 (19 November 2015)

Court

Western Cape High Court, Cape Town

Case number

15849/2015

Judge

Rogers

The High Court dismissed a challenge to rezoning lapsing under LUPO, holding the application was unauthorised and the two-year period ran from the appeal decision.

• Rezoning Lapsing
• Land Use Planning Ordinance
• Municipal Appeals
• Authority To Institute Proceedings
• Rezoning-lapsing
• Land-use-planning

Jacobs and Another v Transand (Pty) Ltd (11554/2014)

Jacobs and Another v Transand (Pty) Ltd (11554/2014) [2014] ZAWCHC 172 (14 November 2014)

Court

Western Cape High Court, Cape Town

Case number

11554/2014

Judge

N J Yekiso

The court found that the applicants established a clear right to interdict the mining activities, as the property was determined to be zoned Agriculture Zone 1 in 1999, which does not permit mining. The evidence showed that no rezoning or departure permitting mining had been granted since the lapse of the temporary departure in 2005. The mining activities conducted by Transand on the property are unlawful and constitute a contravention of the Land Use Planning Ordinance and scheme regulations, amounting to a criminal offence. The pactum de non petendo in the 2004 agreement does not preclude t…

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• Land Use Planning Ordinance
• Zoning And Land Use Rights
• Final Interdict
• Municipal Powers
• Contravention Of Scheme Regulations
• Pactum De Non Petendo

City of Cape Town v Arun Property Developments (Pty) Ltd (943/12)

City of Cape Town v Arun Property Developments (Pty) Ltd (943/12) [2014] ZASCA 56 (16 April 2014)

Court

Supreme Court of Appeal

Case number

943/12

Judges

Navsa, Ponnan, Theron, Willis, Mathopo

The Supreme Court of Appeal held that section 28 of LUPO does not amount to expropriation and does not entitle the owner to compensation for excess land vested in the local authority upon subdivision. The majority judgment in Helderberg Park Development is binding and establishes that the vesting is limited to the normal need arising from the development, and any dispute regarding excess land should be addressed through administrative remedies such as appeal or review. The court found no factual basis for the existence of excess land and held that the administrative decision approving the sub…

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• Land Use Planning Ordinance
• Vesting Of Public Streets
• Compensation For Expropriation
• Judicial Precedent
• Administrative Review

Sanderlings Home Owners Association and Others v Module Controls CC (A365/2013)

Sanderlings Home Owners Association and Others v Module Controls CC (A365/2013) [2014] ZAWCHC 37 (19 March 2014)

Court

Western Cape High Court, Cape Town

Case number

A365/2013

Judges

N P Boqwana, D V Dlodlo, J M Hlophe

The High Court dismissed an appeal over refusal of amended building plans, holding the homeowners association lacked authority to enforce the municipal bulk restriction.

• Building Plan Approval
• Municipal Regulations
• Contractual Authority
• Land Use Planning Ordinance
• Bulk Restriction
• Administrative Review

Vermaak and Others v Minister of Water and Environmental Affairs of the Republic of South Africa and Others (224/2013)

Vermaak and Others v Minister of Water and Environmental Affairs of the Republic of South Africa and Others (224/2013) [2013] ZAECPEHC 45 (17 September 2013)

Court

Eastern Cape High Court, Port Elizabeth

Case number

224/2013

Judge

Goosen

The High Court refused leave to appeal against a costs order and the refusal of an interim interdict, finding no reasonable prospects of success or practical effect.

• Leave To Appeal
• Costs Orders
• Interim Interdict
• Land Use Planning Ordinance
• Judicial Discretion
• Practical Effect Of Appeal

Booth and Others v Minister of Local Government, Environmental Affairs & Development Planning and Another; City of Cape Town v William Booth Attorneys and Others (2046/12, 22990/11)

Booth and Others v Minister of Local Government, Environmental Affairs & Development Planning and Another; City of Cape Town v William Booth Attorneys and Others (2046/12, 22990/11) [2013] ZAWCHC 47; [2013] 2 All SA 275 (WCC); 2013 (4) SA 519 (WCC) (6 March 2013)

Court

Western Cape High Court, Cape Town

Case number

2046/12, 22990/11

Judge

Rogers

The court found that the Minister did not treat the Kenilworth Road Policy as a binding rule but rather as a guideline, exercising proper discretion in considering the specific circumstances of Booth's application. The Minister's reliance on the policy was legitimate, and Booth failed to present exceptional circumstances justifying departure from the policy. The court rejected the argument that the Minister placed the wrong onus on the applicant, holding that section 36 of LUPO does not require proof of positive advantage but allows refusal where desirability is lacking. The area was properly…

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• Municipal Planning
• Zoning Scheme Regulations
• Review Of Administrative Action
• Interdict
• Land Use Planning Ordinance
• Desirability Criterion

Stellenbosch Municipality v Van Wyk and Others (1549/2012)

Stellenbosch Municipality v Van Wyk and Others (1549/2012) [2013] ZAWCHC 18 (8 February 2013)

Court

Western Cape High Court, Cape Town

Case number

1549/2012

Judge

Zondi

The High Court interdicted a Stellenbosch homeowner from running student accommodation on single-residential land without zoning consent.

• Zoning Scheme Regulations
• Land Use Planning Ordinance
• Final Interdict
• Student Accommodation
• Municipal Powers
• Zoning-law