South Africa Case Law

Werner and Another v Barnard N.O and Others (8903/2021P)

Werner and Another v Barnard N.O and Others (8903/2021P) [2023] ZAKZPHC 33 (17 March 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

8903/2021P

Judge

E Bezuidenhout

The court found that the first respondent, as executrix, was not contractually or statutorily obliged to obtain and deliver an occupancy certificate to the applicants prior to finalisation of the estate. Transfer of the property had already occurred, and the applicants had taken occupation and made substantial use of the property prior to transfer. The voetstoots clause in the sale agreement covered latent defects, including lack of statutory compliance, and the applicants failed to establish that the absence of an occupancy certificate rendered the possession unlawful or that the executrix c…

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• Vacant Possession
• Voetstoots Clause
• Occupancy Certificate
• Sale Of Immovable Property
• Executor Liability

Wierda Road Wrst Properties (Pty) Ltd v SizweNtsalubaGobodo Inc (1156/2016)

Wierda Road Wrst Properties (Pty) Ltd v SizweNtsalubaGobodo Inc (1156/2016) [2017] ZASCA 170; 2018 (3) SA 95 (SCA) (1 December 2017)

Court

Supreme Court of Appeal

Case number

1156/2016

Judges

Cachalia, Majiedt, Plasket, Meyer, Mbatha

The Supreme Court of Appeal held that non-compliance with sections 4(1) and 14(1) of the National Building Regulations and Building Standards Act does not render a lease agreement void or unenforceable. The penal sanctions provided in the Act are intended as adequate remedies for non-compliance, and there is no legislative intent to invalidate private contracts for such contraventions. The Act is primarily concerned with public law relationships and building safety, not with the validity of private lease agreements. Both parties were aware of the absence of approved plans and an occupancy cer…

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• Lease Agreement Validity
• National Building Regulations
• Occupancy Certificate
• Statutory Interpretation
• Penal Sanctions
• Unenforceability

City of Tshwane Metropolitan Municipality v Business Connexion (Pty) Limited and Others (19857/2017)

City of Tshwane Metropolitan Municipality v Business Connexion (Pty) Limited and Others (19857/2017) [2017] ZAGPPHC 456 (21 July 2017)

Court

North Gauteng High Court, Pretoria

Case number

19857/2017

Judge

AC Basson

The court found that the applicant's insistence on compliance with multiple scheme conditions, including submission of a MSDP and a specific UDF, was not supported by the Amendment Scheme or applicable legislation. The scheme does not require a MSDP or a formal approval process for a UDF as prerequisites for building plan approval. The approval of the Site Development Plan (SDP) for the Business Connexion building constituted full compliance with scheme requirements regarding density, coverage, height, and building lines. Geological and structural safety requirements were met for the specific…

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• Building Plan Approval
• Occupancy Certificate
• Town Planning Scheme Interpretation
• Urban Design Framework
• Municipal Powers And Duties
• Declaratory Relief

Berg River Municipality v Zelpy 2065 (Pty) Ltd (7715/12)

Berg River Municipality v Zelpy 2065 (Pty) Ltd (7715/12) [2013] ZAWCHC 53; 2013 (4) SA 154 (WCC) (8 April 2013)

Court

Western Cape High Court, Cape Town

Case number

7715/12

Judge

Rogers

The court held that buildings erected without municipal approval under s 4(1) of the National Building Regulations and Building Standards Act cannot lawfully be occupied or used. This prohibition is necessarily implied in s 4(1) to achieve the legislative intent of ensuring safety and proper regulation of buildings. Section 14 and its subsections, including s 14(1A), apply only to buildings erected with municipal approval; thus, temporary permission to occupy under s 14(1A) cannot be granted for unlawfully erected buildings. The criminal sanctions provided by the Act are not an adequate alter…

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• Building Regulations
• Occupancy Certificate
• Unlawful Erection
• Municipal Approval
• Interdict
• Statutory Interpretation

Liebenberg v Frater NO and Others, Drakenstein Municipality v Frater NO and Others (6214/2010, 19763/2010)

Liebenberg v Frater NO and Others, Drakenstein Municipality v Frater NO and Others (6214/2010, 19763/2010) [2010] ZAWCHC 204 (23 September 2010)

Court

Western Cape High Court, Cape Town

Case number

6214/2010, 19763/2010

Judge

Moosa

Urgent consolidated application for an interim interdict restraining unlawful building, occupation, and restaurant operations on Erf 2681 pending approvals and licences.

• Building Regulations
• Interim Interdict
• Municipal Approval
• Occupancy Certificate
• Interim-interdict
• Building-regulations