South Africa Case Law

Dykema v Malebane and Another (CCT332/18)

Dykema v Malebane and Another (CCT332/18) [2019] ZACC 33; 2019 (11) BCLR 1299 (CC) (10 September 2019)

Court

Constitutional Court

Case number

CCT 332/18

Judges

Mogoeng, Cameron, Froneman, Jafta, Khampepe, Ledwaba, Madlanga, Mhlantla, Nicholls, Theron

The Constitutional Court held that applications submitted but not finalised before the expiry of the suspension of invalidity under the Development Facilitation Act remained valid and pending. The rationale for the suspension was to preserve rights and avoid administrative disruption, and it would be arbitrary and unjust to invalidate such applications merely because they were not finalised before the expiry date. Section 60(2)(a) of the Spatial Planning and Land Use Management Act was enacted to address this gap and provides that all pending applications must be continued and disposed of und…

Source excerpt

• Development Facilitation Act
• Spatial Planning And Land Use Management Act
• Suspended Declaration Of Invalidity
• Pending Administrative Applications
• Just Administrative Action
• Statutory Interpretation