South Africa Case Law

Trustees of the Simcha Trust v Da Cruz and Others; City of Cape Town v Da Cruz and Others (CCT125/18; CCT128/18)

Trustees of the Simcha Trust v Da Cruz and Others; City of Cape Town v Da Cruz and Others (CCT125/18; CCT128/18) [2019] ZACC 8; 2019 (3) SA 78 (CC); 2019 (5) BCLR 648 (CC) (19 February 2019)

Court

Constitutional Court

Case number

CCT125/18; CCT128/18

Judges

Mogoeng, Basson, Cameron, Dlodlo, Froneman, Goliath, Khampepe, Mhlantla, Petse, Theron

The Constitutional Court held that the legitimate expectations test applies to all section 7(1)(b)(ii)(aa) disqualifying factors under the building regulations Act.

• Building Regulations
• Legitimate Expectation
• Promotion Of Administrative Justice Act
• Municipal Discretion
• Review Of Administrative Action
• Disqualifying Factors

Harrington v Panayodites (A921/2015)

Harrington v Panayodites (A921/2015) [2017] ZAGPPHC 1187 (10 November 2017)

Court

North Gauteng High Court, Pretoria

Case number

A921/2015

Judges

Makgoka, Mabuse, Baqwa

The court held that a municipality which has obtained a demolition order under section 21 of the National Building Regulations and Building Standards Act 103 of 1977 is obliged to execute the order and does not enjoy a discretion to ignore or suspend its operation, except where exceptional circumstances are sanctioned by a court. The municipality's failure to demolish the illegally erected building, despite the lapse of nine years and repeated unsuccessful attempts by the appellant to obtain approval, constituted a breach of its statutory duty to uphold the law. The court found that the munic…

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• National Building Regulations Act
• Demolition Orders
• Municipal Discretion
• Mandamus
• Rule Of Law
• Judicial Oversight

Mamede and Others v Strategic Executive Department of Housing, City Planning, Land and Environmental Planning of the City of Tshwane and Others (10864/02)

Mamede and Others v Strategic Executive Department of Housing, City Planning, Land and Environmental Planning of the City of Tshwane and Others (10864/02) [2009] ZAGPHC 37 (25 February 2009)

Court

High Courts - Gauteng

Case number

10864/02

Judge

Molopa

The court found that the Fourth Respondent's building, after remedial excavation, complied with the definition of a two-storey structure under the Pretoria Town Planning Scheme. The Third Respondent exercised its discretion lawfully in approving the building plans and encroachments, and the consent provided by the First Applicant was valid. The aesthetic committee that approved the plans was properly constituted under section 79 of the Local Government: Municipal Structures Act and functioned as building control officers. The Applicants failed to establish that the boundary retainer wall was…

Source excerpt

• Building Plan Approval
• Municipal Discretion
• Encroachment
• Ultra Vires
• Procedural Fairness
• Internal Remedies

Huisman v Minister of Local Government Housing and Works and Another (169/94)

Huisman v Minister of Local Government Housing and Works and Another (169/94) [1995] ZASCA 151; 1996 (1) SA 836 (SCA); (29 November 1995)

Court

Supreme Court of Appeal

Case number

169/94

Judges

Joubert, Nestadt, Van den Heever, Harms, Scott

The court dismissed an appeal against refusal of rezoning, holding the decision-maker had properly applied his mind and that no procedural unfairness was shown.

• Rezoning Application
• Natural Justice
• Structure Plan Interpretation
• Municipal Discretion
• Rezoning
• Natural-justice