South Africa Case Law

City of Cape Town Metropolitan Municipality v Nu-Way Housing Developments (Pty) Ltd (1139/2019)

City of Cape Town Metropolitan Municipality v Nu-Way Housing Developments (Pty) Ltd (1139/2019) [2021] ZASCA 19 (12 March 2021)

Court

Supreme Court of Appeal

Case number

1139/2019

Judges

Navsa, Molemela, Nicholls, Ledwaba, Rogers

The court held that the City could levy a development capital charge for electricity supply when Nu-Way applied in 2014, and the appeal succeeded.

• Municipal Charges
• Electricity Supply By Law
• Less Formal Township Establishment Act
• Development Capital Charge
• Municipal-charges
• Electricity-supply

Ethekwini Municipality v Phyllis and Others (7081/2012)

Ethekwini Municipality v Phyllis and Others (7081/2012) [2012] ZAKZDHC 74 (12 November 2012)

Court

Kwazulu-Natal High Court, Durban

Case number

7081/2012

Judge

M Pillemer

The application was dismissed because the applicant failed to establish a cause of action in law to justify the cancellation of the respondents' title deeds and deprivation of their ownership. The applicant did not prove the existence or breach of any contractual terms entitling it to relief, nor did it comply with statutory requirements for notifying the Registrar of Deeds. Section 25 of the Constitution prohibits arbitrary deprivation of property, and the applicant's reliance on regulations was insufficient without evidence of enforceable contracts. The court found no lawful basis for the r…

Source excerpt

• Cancellation Of Title Deeds
• Arbitrary Deprivation Of Property
• Section 25 Constitution
• Less Formal Township Establishment Act
• Deeds Registries Act
• Failure To Prove Contract

Hout Bay & Llandudno Environment Conservation Group v Minister of Local Government, Environmental Affairs & Development Planning, Western Cape and Others (23827/2010)

Hout Bay & Llandudno Environment Conservation Group v Minister of Local Government, Environmental Affairs & Development Planning, Western Cape and Others (23827/2010) [2012] ZAWCHC 22 (22 March 2012)

Court

Western Cape High Court, Cape Town

Case number

23827/2010

Judge

Dlodlo

The High Court upheld planning approvals for Imizamo Yethu, finding no basis to set them aside despite complaints about notice, development parameters, and the service road.

• Less Formal Township Establishment Act
• Land Use Planning Ordinance
• National Environmental Management Act
• Procedural Fairness
• Public Participation
• Municipal Planning

Diepsloot Residents' and Landowners' Association v Administrator, Transvaal (321/93)

Diepsloot Residents' and Landowners' Association v Administrator, Transvaal (321/93) [1994] ZASCA 24; 1994 (3) SA 336 (AD); [1994] 2 All SA 299 (A) (24 March 1994)

Court

Supreme Court of Appeal

Case number

321/93

Judges

Botha, Smalberger, FH Grosskopf, Nicholas, Olivier

The court held that the informal settlement was authorised by statute, the administrative decision was not grossly unreasonable, and the appeal failed.

• Statutory Authority
• Public Nuisance
• Less Formal Township Establishment Act
• Expropriation
• Review Of Administrative Action
• Administrative-law