South Africa Case Law

Adoway (Pty) Ltd and Others v Tshwane Metropolitan Municipality and Others (031793/2023)

Adoway (Pty) Ltd and Others v Tshwane Metropolitan Municipality and Others (031793/2023) [2025] ZAGPPHC 339 (27 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

031793/2023

Judge

N P Mali

The court found that the City’s refusal to approve the full title building plans was rational, reasonable, and lawful. The approval of site development plans and sectional title building plans did not confer an automatic right to approval of full title building plans, as each process is governed by distinct legal requirements. The City’s decision was based on the presence of windows on boundary lines, which could disfigure or derogate the value of neighbouring properties and pose safety and privacy risks. The applicants failed to demonstrate that the City’s decision was irrational or contrary…

Source excerpt

• Promotion Of Administrative Justice Act
• Building Regulations
• Municipal Decision Review
• Property Rights
• Site Development Plans

Rankethoa Construction v Setsoto Local Municipality (5881/2019)

Rankethoa Construction v Setsoto Local Municipality (5881/2019) [2021] ZAFSHC 72 (8 March 2021)

Court

Free State High Court, Bloemfontein

Case number

5881/2019

Judges

Mathebula, Majosi

The High Court reviewed and set aside Setsoto Local Municipality’s resolution cancelling a property sale and retendering the site, holding the decision unlawful.

• Promotion Of Administrative Justice Act
• Municipal Decision Review
• Deed Of Sale Breach
• Cancellation Of Contract
• Administrative-law
• Judicial-review

Plover's Nest Investment v De Haan (20590/2014)

Plover's Nest Investment v De Haan (20590/2014) [2015] ZASCA 193 (30 November 2015)

Court

Supreme Court of Appeal

Case number

20590/2014

Judges

Lewis, Mhlantla, Leach, Tshiqi, Majiedt

The Supreme Court of Appeal held that a municipal clerk’s miscommunication did not replace a valid council resolution, so the building plan approval was set aside.

• Municipal Decision Review
• Servitude Rights
• Building Plan Approval
• Clerical Error
• Promotion Of Administrative Justice Act
• Administrative-law

Lurco Trading 189 (Pty) Ltd v Local Municipalitiy of Madibeng (55329/2007)

Lurco Trading 189 (Pty) Ltd v Local Municipalitiy of Madibeng (55329/2007) [2008] ZAGPHC 211 (4 July 2008)

Court

High Courts - Gauteng

Case number

55329/2007

Judge

K Makhafola

The court found that the Respondent's decision to rezone Erf 3472 from 'general business' to 'residential' was procedurally unfair and unlawful. The Applicant, as the registered owner at the time of the rezoning, was not afforded an opportunity to make representations or object, as required by Section 56(4)(b) of the Town Planning and Townships Ordinance and Section 3 of PAJA. The Respondent's unilateral withdrawal of the site development approval and subsequent rezoning without notice or hearing violated the audi alteram partem rule and the Applicant's rights. The Respondent's reliance on th…

Source excerpt

• Promotion Of Administrative Justice Act
• Town Planning And Townships Ordinance
• Procedural Fairness
• Audi Alteram Partem
• Rezoning
• Municipal Decision Review

Labuschagne NO v Munisipaliteit van George (18780/2007)

Labuschagne NO v Munisipaliteit van George (18780/2007) [2008] ZAWCHC 206 (22 May 2008)

Court

Western Cape High Court, Cape Town

Case number

18780/2007

Judge

Van Reenen, R

The court reviewed and set aside George Municipality’s refusal of rezoning and subdivision, finding irrelevant considerations and no proper regard to the governing ordinance.

• Promotion Of Administrative Justice Act
• Municipal Decision Review
• Zoning And Subdivision
• Irrelevant Considerations
• Substitution Of Administrative Decision
• Administrative-law