River Gate Properties (Pty) Ltd and Another v Asmal NO and Others (97167/16)
River Gate Properties (Pty) Ltd and Another v Asmal NO and Others (97167/16) [2018] ZAGPJHC 89 (29 March 2018)
The court found that the respondents erected thirty residential units on the property without approved building plans, in contravention of the Town Planning Scheme and restrictive title deed conditions. The preliminary approval relied upon by the respondents was invalid, as the official lacked authority and the municipality confirmed no valid plans existed at the relevant time. The doctrine of estoppel does not apply to organs of state where it would result in enforcement of illegality. The principle from Oudekraal and subsequent cases does not entrench the effectiveness of unlawful administr…
Source excerpt
- National Building Regulations And Building Standards Act
- Unlawful Structures
- Municipal Planning Scheme
- Removal Of Restrictive Conditions
- Estoppel Against State
- Demolition Order