South Africa Case Law

Stellenbosch Municipality v De Canha N.O and Others (11720/24)

Stellenbosch Municipality v De Canha N.O and Others (11720/24) [2025] ZAWCHC 168 (8 April 2025)

Court

Western Cape High Court, Cape Town

Case number

11720/24

Judge

N Mangcu-Lockwood

The court found that the excavation on the Trust's property was unauthorized and had been so since at least 11 October 2007. The Trust's denial of unlawfulness was rejected as a bare denial, unsupported by evidence or knowledge. The Municipality was entitled to form the opinion that the excavation was dangerous or showing signs of becoming dangerous, especially in light of the tragic drowning incident and the depth of the excavation exceeding statutory thresholds. However, the specific relief sought by the Municipality—compelling the Trust to obtain a geotechnical report and rehabilitate the…

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• National Building Regulations
• Unauthorised Excavation
• Municipal Land Use
• Final Interdict
• Dangerous Earthworks
• Problem Property By Law

Madimetja v Unlawful Occupiers of Remaining Extent of ERF 5[...] City and Suburban and Others (025803/25)

Madimetja v Unlawful Occupiers of Remaining Extent of ERF 5[...] City and Suburban and Others (025803/25) [2025] ZAGPJHC 331 (19 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

025803/25

Judge

Manoim

The High Court dismissed an urgent application to remove occupiers from a building, holding that the Building Standards Act notice requirements were not met and PIE procedures applied.

• Eviction Proceedings
• Urgent Interdict
• National Building Regulations
• Prevention Of Illegal Eviction Act
• Locus Standi
• Municipal Duties

City of Thswane Metropolitan Municipality v Asaba and Another (2024/070674)

City of Thswane Metropolitan Municipality v Asaba and Another (2024/070674) [2025] ZAGPPHC 186 (26 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024/070674

Judge

Kumalo

The High Court confirmed a rule nisi, declared unauthorized building works unlawful, authorized demolition by the municipality, and awarded punitive costs.

• National Building Regulations
• Unlawful Construction
• Demolition Orders
• Municipal Approval
• Interdicts
• Costs Punitive

Ekurhuleni Metropolitan Municipality v Lesufi (2022/058996)

Ekurhuleni Metropolitan Municipality v Lesufi (2022/058996) [2024] ZAGPJHC 663 (17 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/058996

Judge

S Aucamp

The High Court ordered demolition of unlawful structures built without approved plans and awarded costs, finding the respondent had ignored municipal notices and court directives.

• National Building Regulations
• Unlawful Structures
• Demolition Order
• Municipal Powers
• Town Planning Scheme
• Unlawful-structures

Kleyn and Another v Boikanyo and Another (014507/2024)

Kleyn and Another v Boikanyo and Another (014507/2024) [2024] ZAGPPHC 187 (29 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

014507/2024

Judge

Kooverjie

The applicants, as owners of the adjacent property, demonstrated a direct and substantial interest in the respondent's building activities, which continued unlawfully despite municipal notices and requests to cease. The court found the matter urgent due to ongoing construction and unresolved security concerns affecting the applicants' elderly mother. The applicants satisfied the requirements for a final interdict: a clear right, reasonable apprehension of harm, and absence of a satisfactory alternative remedy. Relief under Section 14(1) of the Building Standards Act was denied as it applies o…

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• Building Plan Approval
• Interdict
• National Building Regulations
• Locus Standi
• Municipal Enforcement

Ubuhlebezwe Municipality v Ramsunder (873/2022)

Ubuhlebezwe Municipality v Ramsunder (873/2022) [2023] ZASCA 165; 2024 (5) SA 189 (SCA) (1 December 2023)

Court

Supreme Court of Appeal

Case number

873/2022

Judges

Gorven, Meyer, Weiner, Chetty, Unterhalter

The Supreme Court of Appeal dismissed a municipality’s bid to stop remedial building works, holding that no new approval was required where the works followed previously approved plans.

• National Building Regulations
• Municipal Approval
• Final Interdict
• Interpretation Of Statutes
• Final-interdict
• Statutory-interpretation

Engen Petroleum Ltd and Others v Municipal Manager of the Gamagara Local Municipality and Others (1712/23)

Engen Petroleum Ltd and Others v Municipal Manager of the Gamagara Local Municipality and Others (1712/23) [2023] ZANCHC 65 (13 October 2023)

Court

Northern Cape High Court, Kimberley

Case number

1712/23

Judge

A.D Olivier

The High Court removed an urgent application from the roll, finding the alleged urgency was self-created and awarding punitive attorney-client costs against the applicants.

• Interim Interdict
• Urgency In Motion Proceedings
• Town Planning Legislation
• National Building Regulations
• Locus Standi
• Punitive Costs

Ethekwini Municipality v Gopal (D1353/2022)

Ethekwini Municipality v Gopal (D1353/2022) [2023] ZAKZDHC 45 (21 July 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

D1353/2022

Judge

Mossop

The court declined immediate demolition of unauthorised alterations and instead ordered the tenant to seek approval, with municipal assistance.

• Lease Agreement Breach
• Unlawful Building Alterations
• National Building Regulations
• Municipal Approval
• Structural Alterations
• Lease-agreement-breach

Hartland Lifestyle Estate (Pty) Ltd and Another v APC Marketing (Pty)Ltd and Another (6831/2023)

Hartland Lifestyle Estate (Pty) Ltd and Another v APC Marketing (Pty)Ltd and Another (6831/2023) [2023] ZAWCHC 150 (13 June 2023)

Court

Western Cape High Court, Cape Town

Case number

6831/2023

Judge

Adhikari

The court found that the respondents published statements on social media that were defamatory of the applicants, alleging unlawful conduct, safety violations, and fraud without substantiating these claims. The respondents failed to provide any expert evidence or factual foundation for their defence of truth and public interest. The applicants, on the other hand, provided affidavits from qualified professionals confirming compliance with building regulations and refuting the allegations. The court held that the applicants established a clear right to protection of their reputation, that the b…

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• Defamation
• Final Interdict
• Social Media Publication
• Corporate Reputation
• National Building Regulations
• Removal Of Defamatory Content

Mondoclox (PTY) Ltd v Branch and Another (3581/2021)

Mondoclox (PTY) Ltd v Branch and Another (3581/2021) [2022] ZAECMKHC 118 (15 December 2022)

Court

Eastern Cape High Court, Makhanda

Case number

3581/2021

Judge

Bloem

The court found that the outbuilding on the first respondent's property was erected over the building line without the written consent of the previous owner and without proper municipal approval for such encroachment. The respondent failed to provide credible evidence of consent or approval. The applicant's claim was not prescribed, as the relief sought did not constitute a 'debt' under the Prescription Act. The applicant's director was duly authorised to institute proceedings. The court held that the appropriate remedy was a partial demolition order, subject to the outcome of an engineering…

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• Building Line Encroachment
• National Building Regulations
• Municipal Land Use Scheme
• Prescription Act Application
• Authority To Institute Proceedings