South Africa Case Law

Masuku v City of Mbombela (A55/2024; MRCC 227/2023)

Masuku v City of Mbombela (A55/2024; MRCC 227/2023) [2025] ZAMPMBHC 35 (8 May 2025)

Court

Mbombela High Court, Mpumalanga

Case number

A55/2024

Judges

H F Fourie, TV Ratshibvumo

The court held that the matter was governed by public law and statutory remedies under the National Building Regulations and Building Standards Act, not by common law principles. The Supreme Court of Appeal in Lester v Ndlambe Municipality established that once illegality is proven, the court has no discretion and must order demolition. The appellant's reliance on BSB International Link CC was misplaced, as that case concerned common law remedies, not statutory ones. The magistrate correctly applied the law and was bound to order demolition of the illegal structure. Even if discretion existed…

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• National Building Regulations Act
• Illegal Structure Demolition
• Public Law Remedy

Harrington v Panayodites (A921/2015)

Harrington v Panayodites (A921/2015) [2017] ZAGPPHC 1187 (10 November 2017)

Court

North Gauteng High Court, Pretoria

Case number

A921/2015

Judges

Makgoka, Mabuse, Baqwa

The court held that a municipality which has obtained a demolition order under section 21 of the National Building Regulations and Building Standards Act 103 of 1977 is obliged to execute the order and does not enjoy a discretion to ignore or suspend its operation, except where exceptional circumstances are sanctioned by a court. The municipality's failure to demolish the illegally erected building, despite the lapse of nine years and repeated unsuccessful attempts by the appellant to obtain approval, constituted a breach of its statutory duty to uphold the law. The court found that the munic…

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• National Building Regulations Act
• Demolition Orders
• Municipal Discretion
• Mandamus
• Rule Of Law
• Judicial Oversight

City of Johannesburg v Rand Properties (Pty) Ltd (253/06)

City of Johannesburg v Rand Properties (Pty) Ltd (253/06) [2007] ZASCA 25; [2007] 2 All SA 459 (SCA) ; 2007 (6) SA 417 (SCA); 2007 (6) BCLR 643 (SCA) (26 March 2007)

Court

Supreme Court of Appeal

Case number

253/06

Judges

Harms, Scott, Farlam, Nugent, Cloete

The SCA held the City could order occupiers from unsafe buildings without first providing alternative housing, but must arrange temporary shelter for those left homeless.

• Right Of Access To Adequate Housing
• Eviction Proceedings
• National Building Regulations Act
• Promotion Of Administrative Justice Act
• Prevention Of Illegal Eviction Act
• Municipal Obligations