South Africa Case Law

Burgerbrug Beleggings (Pty) Ltd v City of Tshwane Metropolitan Municipality (20135/2022)

Burgerbrug Beleggings (Pty) Ltd v City of Tshwane Metropolitan Municipality (20135/2022) [2025] ZAGPPHC 763 (21 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

20135/2022

Judge

L.T. Modiba

The court found that the City’s decision to issue contravention notices to Burgerbrug constitutes administrative action under PAJA, as it is a demand with direct legal effect. However, Burgerbrug failed to establish any grounds for review under PAJA, as it did not demonstrate that the City acted unlawfully or irrationally in issuing the notices. The owner’s duty to secure its property and ensure compliance with planning and building regulations is affirmed, and the municipality’s enforcement powers are not displaced by the owner’s absence or neglect. The court rejected Burgerbrug’s constituti…

Source excerpt

• Promotion Of Administrative Justice Act
• Municipal Land Use Regulation
• Owner Liability For Unlawful Development
• Constitutional Invalidity Review
• Procedural Fairness
• Non Joinder Of Interested Parties

Ekurhuleni Metropolitan Municipality v Christensen and Another (44684/16)

Ekurhuleni Metropolitan Municipality v Christensen and Another (44684/16) [2018] ZAGPJHC 701 (16 November 2018)

Court

South Gauteng High Court, Johannesburg

Case number

44684/16

Judge

E Van der Schyff

The High Court held that the municipality made out a case to stop unlawful boarding-house use of residentially zoned property, but refused vague restoration relief.

• Zoning Scheme Enforcement
• Municipal Land Use Regulation
• Boarding House Definition
• Interdict
• Locus Standi
• Founding Affidavit Requirements

City of Johannesburg v Tequila and Another (775/11)

City of Johannesburg v Tequila and Another (775/11) [2012] ZASCA 121 (20 September 2012)

Court

Supreme Court of Appeal

Case number

775/11

Judges

Brand, Lewis, Cachalia, Bosielo, Theron

The Supreme Court of Appeal held that the Sandton scheme did not permit a stand-alone restaurant or bar on the property and upheld demolition of an unauthorised structure.

• Town Planning Scheme Interpretation
• Primary Use Rights
• Municipal Land Use Regulation
• Building Regulations
• Consent Use
• Demolition Order

Swartland Municapality v Louw NO and Others (13703/09)

Swartland Municapality v Louw NO and Others (13703/09) [2010] ZAWCHC 196 (1 September 2010)

Court

Western Cape High Court, Cape Town

Case number

13703/09

Judge

A Le Grange

The High Court granted leave to appeal and leave to execute pending appeal in a mining-related interdict dispute involving whether LUPO is a relevant law under the MPRDA.

• Mining Rights
• Municipal Land Use Regulation
• Interpretation Of Statutes
• Interdicts
• Leave To Execute
• Leave-to-appeal