Motsewarona Construction and Maintenance (Pty) Ltd v Matjhabeng Local Municipality (1752/2022) [2023] ZAFSHC 163 (20 April 2023)
Court
Free State High Court, Bloemfontein
Case number
1752/2022
Judge
C Van Zyl
The court removed a claim and related postponement application from the roll because a pending application to file a further affidavit could affect disputed authority.
Moqhaka Local Municipality v IMATU obo Thebe and Others (JA65/18) [2020] ZALAC 29 (22 May 2020)
Court
Labour Appeal Court
Case number
JA65/18
Judges
Jappie, Musi, Coppin
Labour Appeal Court overturned a finding of unfair dismissal, holding the employees were fairly dismissed for participating in an unprotected, violent strike.
Nelson Mandela Bay Metropolitan Municipality v Georgiou t/a Georgiou Guesthouse and Spa and Others (1663/2015) [2015] ZAECPEHC 59; [2016] 1 All SA 607 (ECP); 2016 (2) SA 394 (ECP) (20 October 2015)
Court
Eastern Cape High Court, Port Elizabeth
Case number
1663/2015
Judge
G Goosen
The court held that the conditional re-zoning of the properties, subject to the removal of restrictive conditions of title, was unlawful. The purported condition was not a lawful condition under section 42 of LUPO, as it did not relate to land use restrictions or development parameters but merely restated the legal position that restrictive conditions take precedence. The local authority is bound to consider and enforce restrictive conditions and cannot circumvent them by granting conditional re-zoning. The special consent granted to operate a licensed hotel and chapel was also unlawful, as n…
Camps Bay Residents and Ratepayers Association and Others v Hartley and Others (3430/2010) [2010] ZAWCHC 215 (16 November 2010)
Court
Western Cape High Court, Cape Town
Case number
3430/2010
Judge
A.G. Binns-Ward
The court found that the approval of the respondents' building plans was unlawful because the plans did not comply with conditions imposed as departures under the zoning scheme, which were validly made and communicated to the respondents' agent. The respondents' lack of awareness did not exempt them from compliance, as their agent's knowledge was imputed to them. The administrative shortcomings of the City, including poor record-keeping and lack of public accessibility to zoning departures, were criticized but did not absolve the respondents from liability for costs. The respondents' oppositi…
