South Africa Case Law

Green Point Residents and Ratepayers' Association and Others v Gartner and Others (6707/2022)

Green Point Residents and Ratepayers' Association and Others v Gartner and Others (6707/2022) [2025] ZAWCHC 204; [2025] 3 All SA 486 (WCC) (11 April 2025)

Court

Western Cape High Court, Cape Town

Case number

6707/2022

Judge

GSS Khoza

The court found that the 2021 building plan approval, although not lapsed under section 7(4) of the Building Act, had been expressly abandoned by the developers and superseded by the approval of a revised plan. The rights conferred by the original approval were lawfully waived, extinguishing any ongoing legal dispute. The factual existence of the 2021 approval no longer produced legal consequences, as neither the developers nor their successors could rely on it. The doctrine of mootness precluded judicial review in the absence of a live controversy or practical legal effect. The applicants' p…

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• Mootness
• Building Plan Approval
• Waiver Of Administrative Rights
• Judicial Review
• Municipal Planning By Law
• Costs Award

City Of Johannesburg Metropolitan Municipality v Aisa and Another (00829/2022)

City Of Johannesburg Metropolitan Municipality v Aisa and Another (00829/2022) [2023] ZAGPJHC 1092 (28 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

00829/2022

Judge

Fisher

The court found that the use of the property for religious instruction was unlawful as it contravened the zoning scheme and statutory provisions binding both owners and users. The owner may not lease the property for prohibited purposes, and the City is entitled to interdict both owner and tenant. The technical defences of non-joinder and misjoinder raised by the second respondent did not preclude relief, as the organization’s interest was derivative and not direct or substantial. The first respondent did not oppose the application, and the second respondent’s opposition was limited to techni…

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• Zoning Scheme Enforcement
• Municipal Planning By Law
• Unlawful Land Use
• Interdictory Relief

Hunters Valley Homeowners Association v Equestrian Valley (Pty) Ltd and Another (10257/2022)

Hunters Valley Homeowners Association v Equestrian Valley (Pty) Ltd and Another (10257/2022) [2023] ZAWCHC 71 (11 April 2023)

Court

Western Cape High Court, Cape Town

Case number

10257/2022

Judge

Wille

The court found that the first respondent had complied with its obligations regarding potable water and sewerage as required by the conditions of subdivision, as evidenced by the compliance certificate issued by the second respondent. The applicant failed to establish, on a balance of probabilities, any ongoing obligation on the first respondent after the certificate was issued. The court held that any current issues with water and sewerage are attributable to the applicant's failure to maintain the systems, which is its responsibility under the constitution governing the homeowners' associat…

Source excerpt

• Conditions Of Subdivision
• Compliance Certificate
• Municipal Planning By Law
• Maintenance Obligations
• Dispute Of Fact

Highway Junction (Pty) Ltd and Others v Di-Thabeng Truck and Taxi (Pty) Ltd and Others (5821/2021)

Highway Junction (Pty) Ltd and Others v Di-Thabeng Truck and Taxi (Pty) Ltd and Others (5821/2021) [2022] ZAFSHC 209 (25 August 2022)

Court

Free State High Court, Bloemfontein

Case number

5821/2021

Judge

ZIETSMAN P

The High Court granted leave to appeal against its land-use interdict order and the refusal of further relief, sending the matter to the Supreme Court of Appeal.

• Spatial Planning And Land Use Management Act
• Municipal Planning By Law
• Interdictory Relief
• Change Of Land Use
• Leave-to-appeal
• Land-use-planning

Weinert and Another v Municipality of the City of Cape Town and Others (2582/2022)

Weinert and Another v Municipality of the City of Cape Town and Others (2582/2022) [2022] ZAWCHC 252; [2023] 1 All SA 536 (WCC) (1 August 2022)

Court

Western Cape High Court, Cape Town

Case number

2582/2022

Judge

P. S. Van Zyl

Homeowners failed to stop Cape Town from considering a restaurant rezoning application. The court held the bid was premature, barred by PAJA, and intrusive on municipal powers.

• Municipal Planning By Law
• Interim Interdict
• Promotion Of Administrative Justice Act
• Principle Of Separation Of Powers
• Bias In Administrative Action
• Discovery In Motion Proceedings

Highway Junction (PTY) Ltd and Others v DI-Thabeng Truck and Taxi (PTY) Ltd (5821/2021)

Highway Junction (PTY) Ltd and Others v DI-Thabeng Truck and Taxi (PTY) Ltd (5821/2021) [2022] ZAFSHC 178 (27 July 2022)

Court

Free State High Court, Bloemfontein

Case number

5821/2021

Judge

ZIETSMAN P

High Court granted a partial interdict stopping land use beyond agriculture and truck parking, but declined relief on petroleum, environmental, and building-plan complaints.

• Zoning And Land Use
• Municipal Planning By Law
• Spatial Planning And Land Use Management Act
• National Environmental Management Act
• Petroleum Products Act
• Building Regulations

Christopher v Verster and Others (9001/2020)

Christopher v Verster and Others (9001/2020) [2021] ZAWCHC 114 (4 June 2021)

Court

Western Cape High Court, Cape Town

Case number

9001/2020

Judge

Henney

The court found that while the respondents' business technically qualifies as a home occupation under the DMS, they contravened specific provisions by exceeding the permitted area and operating hours. The respondents also breached the Animal By-law by keeping more than six dogs over six months without a permit and allowing barking beyond prescribed limits. The evidence established that the noise generated by Puppy Town was continuous, repetitive, and materially interfered with the applicant's use and enjoyment of his property, constituting a common law nuisance. The applicant's complaints to…

Source excerpt

• Municipal Planning By Law
• Noise Nuisance
• Common Law Nuisance
• Animal By Law
• Interdictory Relief

Lind and Another v Trustees for the of the time being of The Indigo Trust (T3685/96) and Another (10072/2020; 6800/2021)

Lind and Another v Trustees for the of the time being of The Indigo Trust (T3685/96) and Another (10072/2020; 6800/2021) [2021] ZAWCHC 97 (18 May 2021)

Court

Western Cape High Court, Cape Town

Case number

10072/2020; 6800/2021

Judge

Binns-Ward

The court reviewed and set aside Cape Town’s approval of building plans for Erf 251 Sea Point East, finding the scheme was misapplied. The contempt application failed.

• Building Regulations Act
• Municipal Planning By Law
• Judicial Review
• Unreasonable Delay
• Zoning Scheme Compliance
• Contempt Of Court

Camps Bay & Clifton Ratepayers Association and Others v Al Khalifa Family Trust and Another (11256/2019)

Camps Bay & Clifton Ratepayers Association and Others v Al Khalifa Family Trust and Another (11256/2019) [2020] ZAWCHC 181 (15 December 2020)

Court

Western Cape High Court, Cape Town

Case number

11256/2019

Judge

Rogers

The High Court set aside approvals of three sets of building plans for a Camps Bay dwelling, condoned delay, and granted limited declaratory relief.

• Building Regulations
• Municipal Planning By Law
• Delay In Review
• Title Deed Restrictions
• Environmental Authorisation
• Condonation

Epstein v City of Cape Town and Another (17764/2018)

Epstein v City of Cape Town and Another (17764/2018) [2019] ZAWCHC 84 (3 July 2019)

Court

Western Cape High Court, Cape Town

Case number

17764/2018

Judge

O L Rogers

The High Court reviewed and set aside approval of building plans for a second dwelling after finding that roof-level features exceeded the DMS height limit.

• Municipal Planning By Law
• Building Plan Approval
• Height Restrictions
• Review Of Administrative Action
• Architectural Style Requirement
• Building-plan-approval