South Africa Case Law

Choisy-Le-Roi (Proprietary) Limited v Municipality of Stellenbosch and Another (7157/2023)

Choisy-Le-Roi (Proprietary) Limited v Municipality of Stellenbosch and Another (7157/2023) [2025] ZAWCHC 339 (11 August 2025)

Court

Western Cape High Court, Cape Town

Case number

7157/2023

Judge

Bhoopchand

The High Court set aside Stellenbosch’s rezoning appeal decision after finding it relied on an ungazetted, non-binding MSDF version and was tainted by an error of law.

• Municipal Spatial Development Framework
• Procedural Fairness
• Judicial Review Under Paja
• Zoning Scheme By Law
• Error Of Law
• Administrative-law

Choisy-Le-Roi Owners (Pty) Ltd v The Municipality of Stellenbosch and Another (10240/2020)

Choisy-Le-Roi Owners (Pty) Ltd v The Municipality of Stellenbosch and Another (10240/2020) [2022] ZAWCHC 71; 2022 (5) SA 461 (WCC) (11 May 2022)

Court

Western Cape High Court, Cape Town

Case number

10240/2020

Judge

A.G. Binns-Ward

The court held that the appeal authority erred in interpreting the Municipal Spatial Development Framework (MSDF) by relying on deleted draft text and ignoring the operative, gazetted provisions. The Mayor's approach led to consideration of irrelevant factors and a failure to consider relevant ones, particularly the sections of the MSDF supporting balanced precincts and residential opportunity in Technopark. The court emphasized that statutory instruments must be interpreted according to their promulgated text, not preparatory materials, unless ambiguity or absurdity arises. The absence of re…

Source excerpt

• Promotion Of Administrative Justice Act
• Municipal Spatial Development Framework
• Rezoning Application
• Statutory Interpretation
• Procedural Fairness