South Africa Case Law

Va v King Sabata Dalindyebo Municipality (2025/117610)

Va v King Sabata Dalindyebo Municipality (2025/117610) [2025] ZAECMHC 71 (1 August 2025)

Court

Eastern Cape High Court, Mthatha

Case number

2025/117610

Judge

Zono

The court found that the applicant was in possession of the motor vehicle through his employee, satisfying the first requirement for spoliation relief. However, the respondent's impoundment of the vehicle was authorised by Regulation 305(6) of the National Road Traffic Act and the municipal by-laws, as the vehicle was obstructing traffic. The driver cooperated with the officers, and the removal was not forcible or unlawful. The applicant failed to establish unlawful deprivation, and the statutory provisions justified the respondent's actions. The application for spoliation relief was therefor…

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• Mandament Van Spolie
• Unlawful Deprivation Of Possession
• Municipal By Laws
• Traffic Regulation
• Statutory Authority For Impoundment

Tavakoli and Another v City of Cape Town (24562/2024)

Tavakoli and Another v City of Cape Town (24562/2024) [2025] ZAWCHC 218 (23 May 2025)

Court

Western Cape High Court, Cape Town

Case number

24562/2024

Judge

Sipunzi AJ

The applicants established that they were in peaceful and undisturbed possession of the water supply to their properties until the respondent disconnected it on 13 November 2024. The respondent failed to provide credible evidence of prior restrictions or tampering by the applicants. The water usage data and correspondence between the parties supported the applicants' version. The respondent's conduct in disconnecting the supply without due process or adequate notice was unlawful and constituted spoliation. The urgency of the matter was justified by the deprivation of a basic necessity and the…

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• Mandament Van Spolie
• Municipal Services
• Water Services Act
• Urgent Interdict
• Municipal By Laws

Vermeulen v City of Tshwane Metropolitan Municipality and Another (2024/018830)

Vermeulen v City of Tshwane Metropolitan Municipality and Another (2024/018830) [2025] ZAGPPHC 306 (11 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024/018830

Judge

M Mojapelo

The court found that the City of Tshwane was entitled under section 26 of its Standard Electricity By-Laws to disconnect the applicant's electricity supply immediately and without prior notice upon finding prima facie evidence of tampering. The applicant's reliance on procedural fairness and the Joseph case was misplaced, as those principles apply to disconnections for non-payment, not for unlawful connections. The evidence established that the applicant's meter had been tampered with, enabling electricity supply for five months without purchase. The applicant's challenges regarding the locat…

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• Municipal By Laws
• Electricity Tampering
• Prima Facie Evidence
• Procedural Fairness
• Promotion Of Administrative Justice Act

Nunostax (Pty) Ltd and Another v Docrat and Others (A2024/046516)

Nunostax (Pty) Ltd and Another v Docrat and Others (A2024/046516) [2025] ZAGPJHC 242 (4 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

A2024/046516

Judges

Twala, Mahosi, Allen

The court found that the respondents failed to exhaust alternative remedies by not approaching the City of Johannesburg, the entity responsible for enforcing municipal by-laws regarding noise and building encroachment. The noise report relied upon by the respondents was not applicable to the business premises, as the relevant regulations pertain only to workplace environments. The respondents did not provide evidence of building plan transgressions or personal wrongdoing by the second appellant. The three requisites for a final interdict were not satisfied, particularly the absence of a satis…

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• Final Interdict
• Noise Nuisance
• Building Encroachment
• Exhaustion Of Alternative Remedies
• Municipal By Laws
• Occupational Health And Safety

Henque 3833 CC v Bailie N.O and Others (3340/2020)

Henque 3833 CC v Bailie N.O and Others (3340/2020) [2025] ZAMPMHC 17 (31 January 2025)

Court

Middelburg High Court, Mpumalanga

Case number

3340/2020

Judge

Langa

The High Court ordered transfer of property to Henque 3833 CC, finding the executor’s cancellation invalid and rejecting the defence that the buyer assumed rezoning duties.

• Transfer Of Property
• Spluma Certificate
• Contractual Obligations
• Municipal By Laws
• Rezoning Conditions
• Property-transfer

Global Phashash Group (Pty) Ltd v Ngwathe Local Municipality (2269/2024)

Global Phashash Group (Pty) Ltd v Ngwathe Local Municipality (2269/2024) [2024] ZAFSHC 380 (25 November 2024)

Court

Free State High Court, Bloemfontein

Case number

2269/2024

Judge

Mahlatsi AJ

The court found that the plaintiff's particulars of claim disclose a valid cause of action based on the contractual nature of the wayleave agreement. The wayleave document issued by the defendant to the plaintiff constitutes a contract with terms and conditions reflecting the agreement between the parties. The defendant's argument that the wayleave is merely an administrative decision and that the plaintiff's remedy lies in internal remedies or review is misplaced. The authorities cited support the view that the exception must fail unless it is clear that no cause of action is disclosed on an…

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• Exception To Pleadings
• Wayleave Agreement
• Contractual Repudiation
• Administrative Action
• Municipal By Laws
• Internal Remedies

Fono and Another v Port St Johns Municipality (1271/2022)

Fono and Another v Port St Johns Municipality (1271/2022) [2024] ZASCA 161 (22 November 2024)

Court

Supreme Court of Appeal

Case number

1271/2022

Judges

Mocumie, Mabindla-Boqwana, Smith, Mjali, Mantame

The SCA set aside a demolition order for unlawful construction, but confirmed that the builder had to regularise the work under SPLUMA and may be ordered to comply.

• Building Regulations
• Spatial Planning
• Municipal By Laws
• Customary Law Vs Municipal Law
• Remedial Orders
• Demolition Orders

Jack and Others v Saldanha Bay Municipality and Others (15284/2023)

Jack and Others v Saldanha Bay Municipality and Others (15284/2023) [2024] ZAWCHC 291 (9 October 2024)

Court

Western Cape High Court, Cape Town

Case number

15284/2023

Judge

P Farlam

The High Court set aside three municipal building-plan approvals for a caravan-park stand, finding non-compliance with lease consent and resolution requirements.

• Promotion Of Administrative Justice Act
• Municipal By Laws
• Building Plan Approval
• Standing
• Procedural Fairness
• Lease Agreement Compliance

Van Heerden v Van Niekerk N.O and Others (1231/2022)

Van Heerden v Van Niekerk N.O and Others (1231/2022) [2024] ZANCHC 89 (13 September 2024)

Court

Northern Cape High Court, Kimberley

Case number

1231/2022

Judge

Stanton

The court granted condonation for late affidavits and postponed the main application pending a SPLUMA internal appeal, directing municipal respondents to process the appeal.

• Spatial Planning And Land Use Management Act
• Municipal By Laws
• Condonation
• Internal Appeal Procedure
• Building Regulations
• Declaratory Relief

Johannesburg City Parks and Zoo and Another v G.Z (A2023/027196)

Johannesburg City Parks and Zoo and Another v G.Z (A2023/027196) [2024] ZAGPJHC 863; [2025] 1 All SA 388 (GJ) (10 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

A2023/027196

Judges

Makume, Senyatsi, Manoim

The High Court dismissed an appeal over gravesite rights, holding the widow paid the burial fees, had private rights in the grave, and could erect a tombstone.

• Burial Rights
• Municipal By Laws
• Grave Site Ownership
• Common Law Spousal Rights
• Burial-rights
• Grave-site-ownership