South Africa Case Law

Baforegile Trading Enterprise and Another v City of Mbombela (4614/21)

Baforegile Trading Enterprise and Another v City of Mbombela (4614/21) [2025] ZAMPMBHC 38 (14 May 2025)

Court

Mbombela High Court, Mpumalanga

Case number

4614/21

Judge

L. Coetzee

The Court found that the First Applicant's claim of improper service was contradicted by the sheriff's return, which confirmed service at the subject property central to the dispute. The Applicant failed to provide a credible explanation for not receiving notice. Alleged non-disclosure of rezoning applications was irrelevant, as two applications related to unrelated properties and the third was not supported by the municipality. The Applicant did not establish that any procedural irregularity or material non-disclosure existed that would have influenced the outcome. The founding papers were i…

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• Rescission Of Judgment
• Service Of Process
• Municipal Zoning
• Spatial Planning And Land Use Management
• Default Judgment
• Internal Remedies

City of Johannesburg Metropolitan Municipality and Others v Occupiers [of Portion 9[...] of the Farm Randjesfontein No 4[...]] and Others (636/23)

City of Johannesburg Metropolitan Municipality and Others v Occupiers [of Portion 9[...] of the Farm Randjesfontein No 4[...]] and Others (636/23) [2025] ZASCA 47; [2025] 3 All SA 1 (SCA) (23 April 2025)

Court

Supreme Court of Appeal

Case number

636/23

Judges

Makgoka, Schippers, Mothle, Hendricks, Naidoo

The Supreme Court of Appeal held that in eviction proceedings under s 4(7) of the PIE Act, a municipality is obliged to consider the occupiers' right to earn a living as part of the just and equitable enquiry. The court found that the City's attempt to prohibit the occupiers from continuing their waste-picking activities at the relocation site was arbitrary, irrational, and unsupported by law or policy. The activities of the occupiers were not prohibited by municipal zoning or any environmental legislation. The right to dignity and socio-economic rights, including the ability to earn a living…

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• Prevention Of Illegal Eviction Act
• Right To Adequate Housing
• Emergency Temporary Accommodation
• Municipal Zoning
• Dignity And Socio Economic Rights
• International Human Rights Law

HL Hall Properties (Pty) Ltd v Alliance Church and Others (6192/2024)

HL Hall Properties (Pty) Ltd v Alliance Church and Others (6192/2024) [2025] ZAMPMBHC 8; [2025] 2 All SA 451 (MM) (5 March 2025)

Court

Mbombela High Court, Mpumalanga

Case number

6192/2024

Judge

TV Ratshibvumo

The court found that the respondents occupied the applicant's property unlawfully, having erected structures without municipal approval on land zoned for agriculture. The applicant's geotechnical report, which remained unchallenged, established that the soil is highly collapsible and compressible, posing imminent danger to the occupiers. The respondents failed to provide any expert evidence to refute this risk. The hardship to the applicant in rehabilitating the land and the risk to life and property outweighed the hardship to the respondents, who were mostly employed and not indigent. No oth…

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• Prevention Of Illegal Eviction Act
• Urgent Eviction
• Municipal Zoning
• Unlawful Occupation
• Hardship Balancing
• Soil Instability

Kwadukuza Municipality v Stangvest Investments (Pty) Ltd and Others (AR134/22)

Kwadukuza Municipality v Stangvest Investments (Pty) Ltd and Others (AR134/22) [2023] ZAKZPHC 112 (16 October 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR134/22

Judges

Chetty, Balton, Vahed

The court held that the operation of a hardware store by Jabula Hardware on Erf 981 did not contravene the KwaDukuza Land Use Management Scheme's Mixed Core Use 3 zoning, as a hardware shop is a permitted retail activity and does not constitute a builder's supply yard, which refers to open land for industrial-scale storage. The municipality's attempt to restrict use of the adjacent municipal parking (Erf 3108) was irrational and selectively enforced, as similar businesses were not targeted. The alleged building alterations were minor and did not warrant planning approval or a new certificate…

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• Municipal Zoning
• Town Planning Schemes
• Urgent Interdict
• Building Regulations
• Certificate Of Occupation
• Selective Enforcement

Ekurhuleni Metropolitan Municipality v Harmse and Others (0014030/2017)

Ekurhuleni Metropolitan Municipality v Harmse and Others (0014030/2017) [2023] ZAGPJHC 860 (31 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

0014030/2017

Judge

de Vos

The High Court dismissed a municipality’s bid to force eviction for zoning compliance, holding the relief effectively amounted to an eviction order barred by section 26 protections.

• Section 26 Right To Housing
• Municipal Zoning
• Eviction Proceedings
• Meaningful Engagement
• Interdicts
• Prevention Of Illegal Eviction

Pieters, J and Another v Stemmett, SC and Another (LCC 2022/139)

Pieters, J and Another v Stemmett, SC and Another (LCC 2022/139) [2023] ZALCC 4; [2023] 2 All SA 234 (LCC) (3 February 2023)

Court

Land Claims Court

Case number

LCC 2022/139

Judges

Spilg, Meer

The court held that the property in question forms part of a township as defined by the Land Survey Act and relevant municipal planning laws, supported by the existence of a registered general plan and municipal control of public roads. The zoning of the property as 'Rural' does not equate to designation for agricultural purposes under ESTA, as rural zoning allows for both residential and agricultural use, but the property has always been used as a residential home and rated as such by the municipality. The factual evidence overwhelmingly shows no agricultural activity or designation. Therefo…

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• Extension Of Security Of Tenure Act
• Statutory Interpretation
• Municipal Zoning
• Eviction Proceedings
• Designation For Agricultural Purposes
• Township Definition

Kwadukuza Municipality v Build-Rite Properties (Pty) Ltd and Others (D10675/2019)

Kwadukuza Municipality v Build-Rite Properties (Pty) Ltd and Others (D10675/2019) [2021] ZAKZDHC 24 (12 August 2021)

Court

Kwazulu-Natal High Court, Durban

Case number

D10675/2019

Judge

Olsen

The court found that the KwaDukuza Land Use Management Scheme permits the operation of a hardware shop or wholesale hardware shop within a shop building on Erf 220 under the Mixed Core Use 3 (MUC3) zoning. The applicant's attempt to classify a hardware shop as a 'builder's supply yard' was rejected, as the definition of 'yard' refers to open land and not a building. The court held that the applicant's construction of the scheme was incorrect and that the respondents' intended use was lawful. The application against the second and third respondents was dismissed due to lack of justification fo…

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• Municipal Zoning
• Interdict
• Costs Order
• Building Regulations
• Land Use Management Scheme
• Declaratory Relief

Main Road Centurion 30178 (Pty) Ltd v Fixtrade 378 (Pty) Ltd and Others (2010/2020)

Main Road Centurion 30178 (Pty) Ltd v Fixtrade 378 (Pty) Ltd and Others (2010/2020) [2021] ZAECPEHC 2 (21 January 2021)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2010/2020

Judge

N.J. Mullins

The applicant failed to satisfy the requirements for an interim interdict. While a prima facie right was established as an existing pharmacy owner, the applicant did not demonstrate irreparable harm, as its allegations were generic and unsupported by evidence. The balance of convenience did not favour the applicant, given the respondents' financial commitments and compliance with licensing procedures. The applicant had an alternative remedy in the form of a damages claim, and the process of discovery would assist in quantifying any loss. Material disputes of fact existed regarding the legalit…

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• Pharmacy Licensing
• Interim Interdict
• Land Use Rights
• Municipal Zoning
• Costs De Bonis Propriis
• Review Of Administrative Action

Du Toit N.O. and Others v Coenoe 90 CC and Others (1584/2017)

Du Toit N.O. and Others v Coenoe 90 CC and Others (1584/2017) [2017] ZAFSHC 126 (2 August 2017)

Court

Free State High Court, Bloemfontein

Case number

1584/2017

Judge

J.J.F. Hefer

The court found that the operation of Pandora's Guesthouse on a property zoned for single residential use was unlawful, as no formal consent had been granted by the municipality and informal consent from officials did not suffice under the relevant ordinances. The applicants, as affected owners and residents, had locus standi to seek an interdict without needing to prove special damage. The court held that the requirements for a final interdict were met, as the applicants had a clear right to enforce compliance with the zoning scheme, the unlawful use was ongoing, and no adequate alternative…

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• Town Planning Scheme
• Illegal Land Use
• Interdict Requirements
• Locus Standi
• Municipal Zoning
• Special Consent Application

Trumper Trading 166 CC v Kouga Municipality (795/13)

Trumper Trading 166 CC v Kouga Municipality (795/13) [2015] ZASCA 18 (18 March 2015)

Court

Supreme Court of Appeal

Case number

795/13

Judges

Maya, Cachalia, Saldulker, Van Der Merwe, Mayat

The Supreme Court of Appeal held that a bottle store on land zoned “special business” still needed municipal consent and dismissed the appeal with costs.

• Municipal Zoning
• Land Use Rights
• Interpretation Of Zoning Regulations
• Primary Vs Consent Use
• Liquor Licensing
• Municipal-zoning