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South Africa decisions
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City of Thswane Metropolitan Municipality v Asaba and Another (2024/070674) [2025] ZAGPPHC 186 (26 February 2025)
The High Court confirmed a rule nisi, declared unauthorized building works unlawful, authorized demolition by the municipality, and awarded punitive costs.
Ubuhlebezwe Municipality v Ramsunder (873/2022) [2023] ZASCA 165; 2024 (5) SA 189 (SCA) (1 December 2023)
The Supreme Court of Appeal dismissed a municipality’s bid to stop remedial building works, holding that no new approval was required where the works followed previously approved plans.
Ethekwini Municipality v Gopal (D1353/2022) [2023] ZAKZDHC 45 (21 July 2023)
The court declined immediate demolition of unauthorised alterations and instead ordered the tenant to seek approval, with municipal assistance.
Mehlo v Free State Gambling, Liquor and Tourism Authority and Another (4595/2022) [2023] ZAFSHC 215 (26 May 2023)
The court found that the negative report from the municipality, which did not approve the premises for operation, was a decisive factor in the refusal of the liquor licence application. The respondents were entitled and obliged to consider all relevant statutory criteria, including public interest, proximity to places of worship, and municipal input. The applicant failed to provide convincing reasons to override the municipality's objection. The refusal was not procedurally unfair or unlawful, and all legislative requirements were properly considered. Accordingly, the application for judicial…
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Salentias Travel and Hospitality CC v Dey Street Properties (Pty) Ltd and Another (14780/ 2021) [2021] ZAGPPHC 238 (19 April 2021)
The court found that the applicant had established urgency, as the construction activities by the first respondent were ongoing and had a direct, adverse impact on the applicant's business operations and safety. The applicant demonstrated peaceful and undisturbed possession of the premises and proved unlawful deprivation by the respondent, who failed to provide approved building plans or municipal consent for the construction. The respondent's defences, including the rental dispute and alleged contractual rights, did not address the statutory requirements or the applicant's immediate right to…
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Cachalia v Lehwright Proprietary Limited (Makgoba JP, Phatudi J, Tshidada AJ) [2020] ZALMPPHC 14 (26 March 2020)
The appeal failed. The High Court upheld a demolition order and nuisance relief over a pigeon loft built too close to a boundary line and found fraud in the consent process.
Buuren Place Body Corporate v Smith (32935/2016) [2018] ZAGPJHC 494 (19 April 2018)
The High Court dismissed a body corporate’s application to compel demolition of patio alterations, finding the respondent had been given unqualified consent and reasonably relied on it.
Readam SA (Pty) Ltd v BSB International Link CC and Others (2016/27211) [2017] ZAGPJHC 69; [2017] 2 All SA 902 (GJ); 2017 (5) SA 184 (GJ) (27 February 2017)
The court found that the first and second respondents were in contempt of the SCA order, as they had deliberately and openly refused to comply with the requirement to partially demolish the unlawful building. The absence of a deadline in the order did not excuse their non-compliance, as their conduct demonstrated a clear intention not to comply. The respondents' strategy of seeking to regularise the unlawful building through consolidation and rezoning applications did not negate the obligation to comply with the court order. The court held that permitting such evasive conduct would undermine…
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Berg River Municipality v Zelpy 2065 (Pty) Ltd (7715/12) [2013] ZAWCHC 53; 2013 (4) SA 154 (WCC) (8 April 2013)
The court held that buildings erected without municipal approval under s 4(1) of the National Building Regulations and Building Standards Act cannot lawfully be occupied or used. This prohibition is necessarily implied in s 4(1) to achieve the legislative intent of ensuring safety and proper regulation of buildings. Section 14 and its subsections, including s 14(1A), apply only to buildings erected with municipal approval; thus, temporary permission to occupy under s 14(1A) cannot be granted for unlawfully erected buildings. The criminal sanctions provided by the Act are not an adequate alter…
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Ndlambe Municipality v Lester and Others (92/2011) [2012] ZAECGHC 33; [2012] 3 All SA 441 (ECG) (3 May 2012)
The court found that the dwelling constructed by Lester is an unlawful structure, both judicially and administratively, as it was built without approved plans and in breach of statutory and municipal requirements. Previous court orders and administrative decisions declaring the structure unlawful are binding and cannot be set aside by a single judge in the exercise of discretion. While the court retains a discretion in granting demolition orders, this discretion must be exercised judicially, weighing the disproportionality of prejudice and the dictates of legal and public policy. The hardship…
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