South Africa Case Law

Cape Estate Properties (Pty) Ltd v George Local Municipality and Others (A166/2022)

Cape Estate Properties (Pty) Ltd v George Local Municipality and Others (A166/2022) [2023] ZAWCHC 106 (16 May 2023)

Court

Western Cape High Court, Cape Town

Case number

A166/2022

Judges

Nziweni, T Ndita, CM Fortuin

High Court appeal over split zoning of a sawmill site. The court found the 2017 map was wrong, granted declaratory relief, and set aside the appeal authority’s refusal to rectify it.

• Zoning Scheme Map
• Split Zoning Error
• Review Of Administrative Action
• Rectification Of Mapping Error
• Declaratory Relief
• Municipal Decision Making

van der Merwe v Safe Waterkloof NPC and Others

van der Merwe v Safe Waterkloof NPC and Others [2023] ZAGPPHC 101; 42344/20 (6 February 2023)

Court

North Gauteng High Court, Pretoria

Case number

42344/20

Judge

Mazibuko

The High Court refused leave to appeal against dismissal of a rescission and declaratory relief application, finding no reasonable prospects of success.

• Rescission Of Judgment
• Leave To Appeal
• Municipal Decision Making
• Access Control
• Joinder
• Judicial Bias

Van der Merwe v Safe Waterkloof NPC and Others (42344/20)

Van der Merwe v Safe Waterkloof NPC and Others (42344/20) [2022] ZAGPPHC 844 (17 October 2022)

Court

North Gauteng High Court, Pretoria

Case number

42344/20

Judge

Mazibuko

The court found that the applicant failed to establish grounds for rescission under Rule 42(1)(a), (b), or the common law. The applicant was not a party to the proceedings before De Vos J, and her absence did not constitute procedural error or prejudice requiring rescission. The order granted by De Vos J was not a merits review but compelled the municipality to make a decision, and all affected parties were adequately notified. The administrator's joinder was unnecessary, and the applicant's interests were not directly and substantially affected by the order. The alternative declaratory relie…

Source excerpt

• Rescission Of Judgment
• Non Joinder
• Promotion Of Administrative Justice Act
• Municipal Decision Making
• Structural Interdict

Da Cruz and Another v City of Cape Town and Another (6562/2015)

Da Cruz and Another v City of Cape Town and Another (6562/2015) [2017] ZAWCHC 169 (10 March 2017)

Court

Western Cape High Court, Cape Town

Case number

6562/2015

Judge

Binns-Ward

Leave to appeal was refused after the court found no reasonable prospect of success on the City’s challenge to the review of approved building plans.

• Building Regulations
• Judicial Review
• Statutory Interpretation
• Municipal Decision Making
• Administrative-law
• Building-regulations

Da Cruz and Another v City of Cape Town and Another (6561/2015)

Da Cruz and Another v City of Cape Town and Another (6561/2015) [2017] ZAWCHC 1; [2017] 1 All SA 890 (WCC); 2017 (4) SA 107 (WCC) (13 January 2017)

Court

Western Cape High Court, Cape Town

Case number

6561/2015

Judge

Binns-Ward

The court found that the City of Cape Town's approval of the Oracle building plans was materially influenced by an error of law, specifically a misapprehension of the requirements of section 7(1) of the Building Act. The decision-maker failed to properly conduct the required contextual assessment of the impact on the Four Seasons building, particularly the balconies and the legitimate expectations of purchasers. The building control officer and the approving official conflated compliance with zoning parameters with the separate enquiry into unsightliness, objectionableness, and derogation of…

Source excerpt

• Building Regulations
• Judicial Review Under Paja
• Derogation Of Value
• Municipal Decision Making
• Sectional Title Schemes
• Urban Development

Georgiou v Nelson Mandela Bay Metropolitan Municipality and Others (1147/2016)

Georgiou v Nelson Mandela Bay Metropolitan Municipality and Others (1147/2016) [2016] ZAECPEHC 58; [2016] 4 All SA 524 (ECP) (22 September 2016)

Court

Eastern Cape High Court, Port Elizabeth

Case number

1147/2016

Judge

S M Mbenenge

The High Court held that the municipality’s comment sheets were definitive refusals of a building plan, so the applicant had to pursue the statutory review remedy.

• National Building Regulations
• Building Plan Approval
• Restrictive Conditions
• Municipal Decision Making
• Review Remedy
• Site Development Plan

Badenhorst and Another v Retief and Another (13145/13)

Badenhorst and Another v Retief and Another (13145/13) [2013] ZAWCHC 181 (5 December 2013)

Court

Western Cape High Court, Cape Town

Case number

13145/13

Judge

Binns-Ward

The High Court refused interim interdictory relief stopping building work pending review of municipal plan approval, applying the SCA approach in True Motives.

• Building Regulations
• Interim Interdict
• Review Of Administrative Action
• Market Value
• Municipal Decision Making
• Interim-interdict

Trustees for the Time Being of the Triple Eight Trust and Others v Midnight Feast Properties 24 (Pty) and Others (4841/2010)

Trustees for the Time Being of the Triple Eight Trust and Others v Midnight Feast Properties 24 (Pty) and Others (4841/2010) [2010] ZAWCHC 481 (23 September 2010)

Court

Western Cape High Court, Cape Town

Case number

4841/2010

Judge

Louw

The High Court reviewed and set aside Cape Town’s approval of building plans for a Bantry Bay development because the plans breached zoning coverage and setback rules.

• Building Regulations
• Zoning Scheme Interpretation
• Coverage And Setback
• Judicial Review
• Municipal Decision Making
• Judicial-review