South Africa Case Law

Stuart and Another v National Home Builders Registration Council (89999/2018)

Stuart and Another v National Home Builders Registration Council (89999/2018) [2021] ZAGPPHC 171 (29 March 2021)

Court

North Gauteng High Court, Pretoria

Case number

89999/2018

Judge

N Janse Van Nieuwenhuizen

The respondent's refusal to exempt the applicants as owner builders was based on an incorrect interpretation of the Housing Consumer Protection Measures Act, as the Act does not require owner builders to undertake a technical assessment for exemption. The precedent in Ruiters v Minister of Human Settlements and Another is directly applicable and binding. The respondent's failure to apply the law correctly constitutes a reviewable irregularity. Given the lapse of time and the absence of any factual dispute, the court is in as good a position as the respondent to make the decision. Exceptional…

Source excerpt

• Judicial Review
• Owner Builder Exemption
• Housing Consumer Protection Measures Act
• Substitution Order
• Administrative Action
• Technical Assessment Requirement

National Home Builders Registration Council v Makubela and Another (2020/21621)

National Home Builders Registration Council v Makubela and Another (2020/21621) [2020] ZAGPJHC 315 (9 September 2020)

Court

South Gauteng High Court, Johannesburg

Case number

2020/21621

Judge

T P Mudau

The High Court interdicted further building work pending compliance with the NHBRC enrolment requirements under section 14 of the Housing Consumers Protection Measures Act.

• Housing Consumers Protection Measures Act
• Enrolment Certificate Requirement
• Owner Builder Exemption
• Interdict
• Doctrine Of Legality
• Nhbrc