South Africa Case Law

Provincial Heritage Authority, Eastern Cape v Mellon Developments (CA 254/2019; 515/2018)

Provincial Heritage Authority, Eastern Cape v Mellon Developments (CA 254/2019; 515/2018) [2021] ZAECGHC 100 (18 November 2021)

Court

Eastern Cape High Court, Grahamstown

Case number

CA 254/2019; 515/2018

Judges

Hartle, Schoeman, Rusi

The appeal was rendered moot because the respondent sold and transferred the property before the appeal was heard, making any order regarding the demolition permit ineffective. The Heritage Act confers a personal right to the permit applicant, which cannot be transferred to a new owner. The respondent, as a reasonable litigant, should have informed the appellant of the sale once the suspensive conditions were fulfilled, thereby avoiding unnecessary costs. The court found that the costs of the appeal were wasted and should be borne by the respondent, while the costs order of the court a quo sh…

Source excerpt

• National Heritage Resources Act
• Judicial Review
• Mootness
• Permit Application
• Costs On Appeal

Kothuis (Pty) Ltd v MEC for Cultural Affairs and Sport, Western Cape and Others (22784/12)

Kothuis (Pty) Ltd v MEC for Cultural Affairs and Sport, Western Cape and Others (22784/12) [2013] ZAWCHC 144 (20 September 2013)

Court

Western Cape High Court, Cape Town

Case number

22784/12

Judge

P B Fourie

The court set aside an appeal tribunal decision revoking a heritage permit for hotel additions in Stellenbosch, finding the decision irrational and unsupported by the evidence.

• Promotion Of Administrative Justice Act
• Heritage Resources Management
• Rationality Review
• Permit Application
• Urban Planning
• Appeal Tribunal Procedure

Simply Fish Moreleta Park CC and Others v Tshwane Local Committee of the Gauteng Liquor Board (20158/2006)

Simply Fish Moreleta Park CC and Others v Tshwane Local Committee of the Gauteng Liquor Board (20158/2006) [2007] ZAGPHC 353 (7 February 2007)

Court

High Courts - Gauteng

Case number

20158/2006

Judge

A. P. Ledwaba

The court held that a catering or occasional permit under section 31(2) of the Gauteng Provincial Liquor Act may not be granted beyond one seven-day period under a single application.

• Statutory Interpretation
• Liquor Licensing
• Exceptional Circumstances
• Permit Application
• Costs Award
• Statutory-interpretation