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South Africa Case Law

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Administrative Law [2022] ZAWCHC 160

Habitat Council v The City of Cape Town and Others (10753/2018)

Habitat Council v The City of Cape Town and Others (10753/2018) [2022] ZAWCHC 160; [2022] 4 All SA 378 (WCC); 2022 (6) SA 383 (WCC) (25 August 2022)

Court
Western Cape High Court, Cape Town
Case number
10753/2018
Judge
P.A.L. Gamble

The court found that the application for review was moot, as the development had proceeded lawfully under approved building plans and the heritage status had been finally determined. No practical effect would result from setting aside the decision, and the applicant failed to seek interim relief or challenge the building plan approvals. The conduct of the City was criticized for lacking constitutional citizenship, particularly in its handling of the review process, its failure to proactively correct its own errors, and its misleading statements regarding the status of the development. The cou…

Source excerpt

  • Promotion Of Administrative Justice Act
  • Heritage Protection Overlay Zone
  • Municipal Planning Approval
  • Constitutional Citizenship
  • Mootness
  • Costs Award
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Administrative Law [2022] ZAGPPHC 436

Witwatersrand Estates Limited v City of Johannesburg Metropolitan Municipality and Others (90490/2018;70603/2018)

Witwatersrand Estates Limited v City of Johannesburg Metropolitan Municipality and Others (90490/2018;70603/2018) [2022] ZAGPPHC 436 (9 June 2022)

Court
North Gauteng High Court, Pretoria
Case number
90490/2018;70603/2018
Judge
N Davis

The court found that the applicant, Witwatersrand Estates Limited, acquired knowledge of the administrative action and its reasons by 27 June 2018, when Century's attorneys informed it of the approval and subdivision of the township. The 180-day period prescribed by section 7(1)(b) of PAJA therefore commenced on that date and expired on 24 December 2018. Although the review application was issued on 20 December 2018, it was only served on the City of Johannesburg on 8 January 2019, after the expiry of the 180-day period. No application for extension of time under section 9 of PAJA was made. T…

Source excerpt

  • Promotion Of Administrative Justice Act
  • Judicial Review Time Bar
  • Separation Of Issues
  • Municipal Planning Approval
  • Res Iudicata
  • Joinder Of Parties
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Land And Property [2019] ZAGPPHC 178

New Invest 263(Pty) Ltd v Investec Ltd and Others (1776A/17)

New Invest 263(Pty) Ltd v Investec Ltd and Others (1776A/17) [2019] ZAGPPHC 178 (17 May 2019)

Court
North Gauteng High Court, Pretoria
Case number
1776A/17
Judge
Khumalo

The court found that the applicant acquired the two units on separate title deeds following their initial registration by the developer. The alleged irregularity in registration was not caused by the applicant, and neither Rand Water nor the Body Corporate had taken steps to set aside the registrations or municipal approvals. The factual existence of the separate registrations stands until set aside by a competent court, and the applicant's right to alienate the units separately is not negated by the developer's or scheme's non-compliance. The Body Corporate lacks standing to compel consolida…

Source excerpt

  • Sectional Title Registration
  • Alienation Of Land Act
  • Municipal Planning Approval
  • Development Facilitation Act
  • Declaratory Relief
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.