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South Africa decisions
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Gravett v Siyavuya Power Projects (Pty) Ltd and Another (Reasons) (EL 358/2024) [2024] ZAECELLC 50 (17 December 2024)
The High Court held that the respondent’s use of land breached title deed and zoning restrictions, and granted a final interdict, suspended until 20 December 2024.
Hoerskool Menlo Park School Governing Body v City Manager: City of Tshwane Metropolitan Municipality and Others (Leave to Appeal) (26999/2022) [2024] ZAGPPHC 1354 (10 December 2024)
The High Court granted leave to appeal to the Supreme Court of Appeal, finding a compelling reason because the costs issues were tied to the merits of the review.
Govan Mbeki Local Municipality v Glencore Operations South Africa (Pty) Ltd and Others; Emalahleni Local Municipality v Glencore Operations South Africa (Pty) Ltd and Others (CCT 189/22; CCT 191/22) [2024] ZACC 25; 2025 (2) BCLR 111 (CC); 2025 (2) SA 238 (CC) (19 November 2024)
The Constitutional Court held that the impugned by-laws, which imposed transfer embargoes as enforcement mechanisms for municipal planning and building regulation, were inconsistent with the Constitution and invalid. The Court found no constitutional or legislative source for the power of municipalities to make by-laws regulating deeds registration and property transfer beyond the scope contemplated by section 53 of SPLUMA and section 118(1) of the Systems Act. The by-laws unlawfully encroached on the national competence over deeds registration, and their operation conflicted with the statuto…
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Body Corporate of Argyle Green v Appeal Authority City of Johannesburg and Others (Application for Leave to Appeal) (2021/9113) [2024] ZAGPJHC 1095 (28 October 2024)
Leave to appeal was refused in a Johannesburg High Court dispute about striking hearsay-heavy affidavits and the status of JRA revised comments in a rezoning matter.
Rand Airport Holdings (Pty) Ltd and Another v Ekurhuleni Metropolitan Municipality and Others (24823.22) [2024] ZAGPPHC 1072 (25 October 2024)
The court found that the Municipality's decisions to levy and recalculate development charges for water, sanitation, and electricity were unlawful and invalid. The Municipality failed to comply with its own policies, the SPLUMA By-law, and the principles of fair administrative justice. The recalculations were not supported by contemporaneous records, lacked transparency, and were not rationally connected to the empowering provisions. The court held that the applicants were exempted from exhausting internal remedies due to exceptional circumstances and the constant revision of charges. The dec…
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Green Point Residents' and Ratepayers Association and Others v Gartner and Others (4859/2024) [2024] ZAWCHC 252 (10 September 2024)
The High Court granted leave to appeal to the SCA in a building-plan interdict case, finding conflicting authority and an important public-law issue.
Van Waveren N.O and Others v Municipal Manager City of Polokwane Local Municipality and Others (7946/2024) [2024] ZALMPPHC 87 (12 August 2024)
The court found that the applicants, as current registered owners of the property, have a prima facie right adversely affected by the adjacent development. The dismissal of their appeal on the basis that they were not the original objectors was fatally flawed, as SPLUMA grants locus standi to any interested person whose rights may be affected. The requirements for interim relief—prima facie right, reasonable apprehension of irreparable harm, balance of convenience, and absence of satisfactory alternative remedy—were satisfied. Internal remedies under PAJA do not preclude interim interdicts pe…
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Celliers and Others v Kleinfontein Aandeleblok (Edms) BPK and Another (4755/2022; 6713/2022) [2024] ZAGPPHC 762 (2 August 2024)
The court found that the Kleinfontein settlement was established and expanded in contravention of multiple statutory and municipal planning, building, and environmental laws, constituting ongoing criminal offences. The directors and shareholders, including the applicants, have participated in the illegal use and expansion of the settlement. The applicants failed to establish a clear right to an interdict against the company, as their own occupation and use of the property is unlawful, and enforcement of planning and building laws is the prerogative of the municipality, not private parties. Ho…
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Long v Appeal Authority iro Ndlambe Municipality and Others (621/2022) [2023] ZAECMKHC 131; [2024] 1 All SA 364 (ECG) (21 November 2023)
The court found that the applicant's delay in instituting review proceedings was unreasonable but condoned the delay and extended the 180-day period, considering the explanation provided and the merits of the case. The Municipal Planning Tribunal and Appeal Authority erred in law by failing to appreciate the legal effect of the restrictive conditions attached to the title deed and by applying the new land use scheme retrospectively, rather than the Kenton-on-Sea Town Planning Scheme By-laws in force at the time of the application. The approval for guesthouse use was not permitted under the ap…
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City of Cape Town and Others v Sterea Digital CC and Another (A48/2023;18984/2020) [2023] ZAWCHC 293; [2024] 1 All SA 680 (WCC) (21 November 2023)
The court held that the review application should have been limited to the grounds codified in the Promotion of Administrative Justice Act (PAJA), specifically whether relevant considerations were ignored, whether there was procedural unfairness, and whether there was bias. The decision-makers considered all relevant facts, including the prior consent use for a school, and exercised their discretion within the statutory framework. The court a quo erred by substituting its own view for that of the administrators and by failing to respect the distinction between review and appeal. Allegations o…
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