South Africa Case Law

Kleyn and Another v Boikanyo and Another (014507/2024)

Kleyn and Another v Boikanyo and Another (014507/2024) [2024] ZAGPPHC 187 (29 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

014507/2024

Judge

Kooverjie

The applicants, as owners of the adjacent property, demonstrated a direct and substantial interest in the respondent's building activities, which continued unlawfully despite municipal notices and requests to cease. The court found the matter urgent due to ongoing construction and unresolved security concerns affecting the applicants' elderly mother. The applicants satisfied the requirements for a final interdict: a clear right, reasonable apprehension of harm, and absence of a satisfactory alternative remedy. Relief under Section 14(1) of the Building Standards Act was denied as it applies o…

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• Building Plan Approval
• Interdict
• National Building Regulations
• Locus Standi
• Municipal Enforcement

Ten Napel and Another v Ekurhuleni Metropolitan Municipality and Others (44339/2020)

Ten Napel and Another v Ekurhuleni Metropolitan Municipality and Others (44339/2020) [2021] ZAGPJHC 566 (30 September 2021)

Court

South Gauteng High Court, Johannesburg

Case number

44339/2020

Judge

Fisher

The High Court ordered demolition of an unlawful multi-dwelling structure built without approved plans or rezoning, and awarded costs against the respondent.

• Building Regulations
• Town Planning Scheme
• Restrictive Conditions Of Title
• Demolition Order
• Municipal Enforcement
• Neighbour Law

Kwadukuza Municipality v McDonalds South Africa and Others (D3430/2020)

Kwadukuza Municipality v McDonalds South Africa and Others (D3430/2020) [2020] ZAKZDHC 45 (18 September 2020)

Court

Kwazulu-Natal High Court, Durban

Case number

D3430/2020

Judge

M R Chetty

The court held that the applicant municipality is statutorily obliged to enforce compliance with the National Building Regulations and Building Standards Act and the Businesses Act. The second respondent occupied and traded from the property without the necessary certificate of occupancy and business licence, despite repeated notices and contravention warnings. The municipality's refusal to grant both temporary and permanent certificates was based on outstanding health and safety concerns, and the respondent failed to demonstrate that the refusal was irrational or unreasonable. The counter-ap…

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• Certificate Of Occupancy
• Business Licensing
• Municipal Enforcement
• Promotion Of Administrative Justice Act
• Health And Safety Compliance
• Interdictory Relief

Ekurhuleni Metropolitan Municipality v Nkosi and Another (13191/17)

Ekurhuleni Metropolitan Municipality v Nkosi and Another (13191/17) [2019] ZAGPJHC 238 (4 June 2019)

Court

South Gauteng High Court, Johannesburg

Case number

13191/17

Judge

TJB Bokaba

The High Court granted a final interdict stopping the respondents from using residential property as boarding rooms or lodging contrary to the town planning scheme.

• Town Planning Scheme
• Illegal Land Use
• Final Interdict
• Municipal Enforcement
• Town-planning-scheme
• Illegal-land-use

City of Johannesburg v Cabinet Props CC and Others (41112/12)

City of Johannesburg v Cabinet Props CC and Others (41112/12) [2014] ZAGPJHC 291 (23 October 2014)

Court

South Gauteng High Court, Johannesburg

Case number

41112/12

Judge

R Keightley

The High Court granted the City of Johannesburg an interdict enforcing zoning rules against unlawful brick-manufacturing and business use of agricultural property.

• Town Planning Scheme
• Zoning Dispute
• Interdict
• Municipal Enforcement
• Zoning-dispute
• Town-planning-scheme

Msunduzi Municipality v Uphill Trading 14 (Pty) Ltd and Others (11553/2012)

Msunduzi Municipality v Uphill Trading 14 (Pty) Ltd and Others (11553/2012) [2014] ZAKZPHC 64 (27 June 2014)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

11553/2012

Judge

Ploos van Amstel

The court dismissed the municipality’s enforcement application, holding that business rescue required leave of court and that a deregistered close corporation could not be cited.

• National Building Regulations
• Business Rescue Proceedings
• Municipal Enforcement
• Deregistration Of Entities
• Business-rescue-proceedings
• Municipal-enforcement

Victoria Park Ratepayers' Association v Greyvenouw CC and others (511/03)

Victoria Park Ratepayers' Association v Greyvenouw CC and others (511/03) [2003] ZAECHC 19; [2004] 3 All SA 623 (SE) (11 April 2003)

Court

High Courts - Eastern Cape

Case number

511/03

Judge

Plasket

The court found that the respondents had knowledge of the order of 21 February 2003 and wilfully disobeyed it by continuing to use erf 1882 for business purposes and failing to abate the noise nuisance on erf 1883. The evidence presented by the applicant, including monitoring reports, complaints, and expert testimony, established contempt beyond reasonable doubt. The respondents' explanations were rejected as disingenuous and lacking detail, failing to rebut the inference of wilfulness and bad faith. The urgency of the application was justified by the ongoing nature of the contempt and the pu…

Source excerpt

• Contempt Of Court
• Zoning Regulations
• Noise Nuisance
• Urgent Interdict
• Municipal Enforcement
• Attorney And Client Costs

Town Council of Sandton v Gourmet Property Investments CC (725/91)

Town Council of Sandton v Gourmet Property Investments CC (725/91) [1994] ZASCA 100 (19 August 1994)

Court

Supreme Court of Appeal

Case number

725/91

Judges

Botha, Smalberger, Kumleben, Nicholas, Mahomed

The court held that using a conservatory area for restaurant seating materially deviated from approved plans and conditions, and ordered enforcement.

• Building Regulations
• Approval Of Building Plans
• Deviation From Approved Plans
• Municipal Enforcement
• Site Development Conditions
• Building-regulations