South Africa Case Law

Rinaldo Investments (Pty) Ltd v Giant Concerts CC and Others (311/2011)

Rinaldo Investments (Pty) Ltd v Giant Concerts CC and Others (311/2011) [2012] ZASCA 34; [2012] 3 All SA 57 (SCA) (29 March 2012)

Court

Supreme Court of Appeal

Case number

311/2011

Judges

Mthiyane, Cloete, Cachalia, Malan, Plasket

The Supreme Court of Appeal held that Giant Concerts CC lacked standing to challenge the validity of the sale of the Natal Command site by private bargain. The statutory scheme under the Local Authorities Ordinance 25 of 1974 is designed to protect the interests of the local community, and only those with a sufficient connection to the municipality may object or challenge such decisions. Giant Concerts CC, being neither a ratepayer nor a member of the local community, and having no interest in the interests of the borough, did not meet the requirements for standing under section 38(a) of the…

Source excerpt

• Standing To Review Administrative Action
• Sale Of Municipal Land
• Local Authorities Ordinance
• Just Administrative Action
• Objections To Municipal Decisions

Ethekwini Municipality and Another v Haffejee NO and Others, Haffejee NO and Others v eThekwini Municipality and Others (9845/2006, 7098/2008)

Ethekwini Municipality and Another v Haffejee NO and Others, Haffejee NO and Others v eThekwini Municipality and Others (9845/2006, 7098/2008) [2010] ZAKZDHC 80 (25 August 2010)

Court

Kwazulu-Natal High Court, Durban

Case number

9845/2006, 7098/2008

Judge

Theron

The court refused leave to appeal, holding that the municipality had substantially complied with expropriation requirements and no new constitutional point could be raised late.

• Expropriation
• Constitutional Compensation
• Leave To Appeal
• Property Rights
• Local Authorities Ordinance
• Expropriation Act Challenge

RGS Properties (Pty) Ltd v Ethekwini Municipality (6210/2008)

RGS Properties (Pty) Ltd v Ethekwini Municipality (6210/2008) [2010] ZAKZDHC 27; 2010 (6) SA 572 (KZD) (22 July 2010)

Court

Kwazulu-Natal High Court, Durban

Case number

6210/2008

Judge

Ngwenya

The court rescinded a default judgment for municipal rates, finding the applicant had shown a prima facie defence based on unresolved valuation objections.

• Rescission Of Judgment
• Municipal Rates
• Valuation Rolls
• Section 34 Constitution
• Default Judgment
• Local Authorities Ordinance

Ethekwini Municipality v Brooks and Another (411/09)

Ethekwini Municipality v Brooks and Another (411/09) [2010] ZASCA 74; 2010 (4) SA 586 (SCA) ; [2010] 4 All SA 164 (SCA) (27 May 2010)

Court

Supreme Court of Appeal

Case number

411/09

Judges

Mpati, Navsa, van heerden, Mhlantla, Griesel

The Supreme Court of Appeal held that the servitude of right of way over Mrs Brooks' property does not constitute a public street as defined in section 1 of the Local Authorities (Natal) Ordinance 25 of 1974. The evidence did not establish that the public had acquired a right to use Nyala Drive, nor was there proof of a formal takeover or vesting by the municipality. The depiction of Nyala Drive on Surveyor-General diagrams merely reflected the servitude and did not convert it into a public street. The rights of use were limited to those in favour of whom the servitude was created, not the ge…

Source excerpt

• Servitude Of Right Of Way
• Definition Of Public Street
• Local Authorities Ordinance
• Ownership And Maintenance Of Roads

M & J Morgan Investments (Pty) Ltd. and Another v Pinetown Municipality and Others (422/95)

M & J Morgan Investments (Pty) Ltd. and Another v Pinetown Municipality and Others (422/95) [1997] ZASCA 60; 1997 (4) SA 427 (SCA); [1997] 3 All SA 280 (A); (30 May 1997)

Court

Supreme Court of Appeal

Case number

422/95

Judges

Olivier, Van Heerden, Howie, Scott, Zulman

The court upheld a municipal expropriation process for road widening, finding the original resolution valid, no new resolution needed for a reduced area, and no audi or environmental breach.

• Expropriation
• Local Authorities Ordinance
• Audi Alteram Partem
• Environmental Rights
• Administrative Procedure
• Municipal-law