South Africa Case Law

Stellenbosch Municipality v De Canha N.O and Others (11720/24)

Stellenbosch Municipality v De Canha N.O and Others (11720/24) [2025] ZAWCHC 168 (8 April 2025)

Court

Western Cape High Court, Cape Town

Case number

11720/24

Judge

N Mangcu-Lockwood

The court found that the excavation on the Trust's property was unauthorized and had been so since at least 11 October 2007. The Trust's denial of unlawfulness was rejected as a bare denial, unsupported by evidence or knowledge. The Municipality was entitled to form the opinion that the excavation was dangerous or showing signs of becoming dangerous, especially in light of the tragic drowning incident and the depth of the excavation exceeding statutory thresholds. However, the specific relief sought by the Municipality—compelling the Trust to obtain a geotechnical report and rehabilitate the…

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• National Building Regulations
• Unauthorised Excavation
• Municipal Land Use
• Final Interdict
• Dangerous Earthworks
• Problem Property By Law

Zinju v King Sabata Dalindyebo Local Municipality (4742/2023)

Zinju v King Sabata Dalindyebo Local Municipality (4742/2023) [2023] ZAECMHC 67 (8 December 2023)

Court

Eastern Cape High Court, Mthatha

Case number

4742/2023

Judge

Zono

The applicant established that he was in peaceful and undisturbed possession of the business container and municipal land prior to dispossession. The respondent unlawfully deprived the applicant of possession by impounding the container without consent, a court order, or lawful authority. The respondent's argument regarding ownership and locus standi was rejected, as spoliation proceedings do not require proof of ownership, only possession. The court found that restoration of possession to the original municipal land would perpetuate illegality, as the container was unlawfully placed there. U…

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• Mandament Van Spolie
• Unlawful Dispossession
• Restoration Of Possession
• Municipal Land Use
• Urgency
• Doctrine Of Legality

Botma and Others v Moleko and Another (1138/2020)

Botma and Others v Moleko and Another (1138/2020) [2020] ZANCHC 66 (11 August 2020)

Court

Northern Cape High Court, Kimberley

Case number

1138/2020

Judge

Van Tonder

The court found that the applicants, as neighbouring property owners, had established a prima facie right to protection against unlawful construction on the first respondent's property. The urgency was justified by the risk of continued construction and occupation of illegal structures, which would cause irreparable harm and complicate enforcement of the Magistrates Court order. The first respondent's denials were bald, unsubstantiated, and failed to address the factual allegations, particularly photographic evidence of ongoing works. Applying the principles from Plascon-Evans and Soffiantini…

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• Interim Interdict
• Contempt Of Court
• Building Regulations
• Municipal Land Use
• Urgent Application
• Rule Nisi

Global Environmental Trust and Others v Tendele Coal Mining (Pty) Ltd and Others (11488/17P)

Global Environmental Trust and Others v Tendele Coal Mining (Pty) Ltd and Others (11488/17P) [2018] ZAKZPHC 62; [2019] 1 All SA 176 (KZP) (20 November 2018)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

11488/17P

Judge

Seegobin

The court found that Tendele Coal Mining (Pty) Ltd commenced mining operations lawfully under mining rights and EMPs approved prior to the December 2014 amendments introducing the One Environmental System. Section 12(4) of the NEMA Amendment Act deems such EMPs to be environmental authorisations under NEMA, permitting continuation of mining. The applicants failed to identify specific unlawful activities or provide substantiated evidence of non-compliance. Municipal land use approval and waste management licences are not required for pre-existing mining operations under the relevant transition…

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• Environmental Authorisation
• Mining Rights
• Municipal Land Use
• Waste Management Licence
• Heritage Protection
• Interdict Requirements

Nyathikazi v Minister of Human Settlement and Others (18083/2015)

Nyathikazi v Minister of Human Settlement and Others (18083/2015) [2018] ZAGPJHC 83 (16 March 2018)

Court

South Gauteng High Court, Johannesburg

Case number

18083/2015

Judge

E Molahlehi

The High Court ordered transfer and registration of a municipal property into the applicant’s name under the Conversion Act, rejecting the municipality’s opposition.

• Conversion Of Rights To Ownership
• Registration Of Title
• Municipal Land Use
• Administrative Review
• Land-and-property
• Title-registration

Rustenburg Local Municipality v Tayob (M154/2014)

Rustenburg Local Municipality v Tayob (M154/2014) [2015] ZANWHC 5 (9 April 2015)

Court

North West High Court, Mafikeng

Case number

M154/2014

Judge

GURA

The High Court held that the municipality owned the land, PIE and ESTA did not apply to the commercial occupation, and granted eviction and demolition relief.

• Eviction
• Locus Standi
• Illegal Structures
• Municipal Land Use
• Punitive Costs
• Commercial-occupation

Msunduzi Municipality v Dark Fibre Africa (RF) (Pty) Limited (20119/2014)

Msunduzi Municipality v Dark Fibre Africa (RF) (Pty) Limited (20119/2014) [2014] ZASCA 165 (1 October 2014)

Court

Supreme Court of Appeal

Case number

20119/2014

Judges

Lewis, Cachalia, Swain, Fourie, Dambuza

The Supreme Court of Appeal held that an ECNS licensee need not obtain landowner consent under section 22 of the ECA, including from a municipality.

• Electronic Communications Act
• Administrative Action
• Municipal Land Use
• Wayleave Approval
• Promotion Of Administrative Justice Act
• Statutory Interpretation

Aquila Steel SA (Pty) Ltd v South African Steel Company (Pty) Ltd (14612/2013)

Aquila Steel SA (Pty) Ltd v South African Steel Company (Pty) Ltd (14612/2013) [2014] ZAGPPHC 365 (30 May 2014)

Court

North Gauteng High Court, Pretoria

Case number

14612/2013

Judge

Cilliers

The court held that the properties in question fall outside any town planning or zoning scheme under the Town Planning and Townships Ordinance (Tvl), 15 of 1986, and therefore no land use approval from the municipality is required for the exercise of prospecting rights. The Ordinance was considered a relevant law, but its provisions do not impose zoning requirements on these properties. The court found that the National Heritage Act prohibits certain activities at burial sites but does not prevent the holder of a prospecting right from accessing the property for prospecting outside such sites…

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• Prospecting Rights
• Zoning Requirements
• Town Planning Ordinance
• Municipal Land Use
• National Heritage Act