South Africa Case Law

Steenkamp and Another v Kysna Local Municipality and Another (A20/11)

Steenkamp and Another v Kysna Local Municipality and Another (A20/11) [2011] ZAWCHC 512 (22 August 2011)

Court

Western Cape High Court, Cape Town

Case number

A20/11

Judges

Griesel, Steyn, Henney

The court found that the appellants had proved, on a balance of probabilities, that the noise emanating from the second respondent's premises was unreasonable and constituted an actionable nuisance. The disturbances, particularly early morning kitchen and staff noises, materially interfered with the appellants' comfort and enjoyment of their property in a quiet residential area. The second respondent failed to demonstrate that all reasonable steps had been taken to abate the nuisance, and the measures implemented were insufficient. The locality principle did not absolve the second respondent,…

Source excerpt

• Noise Nuisance
• Private Nuisance
• Municipal By Laws
• Environmental Conservation Act
• Interdictory Relief
• Reasonableness Test

Laskey and Another v Showzone CC and Others (5988/06)

Laskey and Another v Showzone CC and Others (5988/06) [2006] ZAWCHC 50; [2007] 4 All SA 1162 (C); 2007 (2) SA 48 (C) (30 October 2006)

Court

Western Cape High Court, Cape Town

Case number

5988/06

Judge

Binns-Ward

The court found that the applicants had established an actionable private nuisance due to amplified noise from the respondent's theatre-restaurant, which materially affected their comfort and enjoyment of their apartments. Mere breach of the Noise Control Regulations does not automatically entitle private parties to interdictory relief; actual harm must be shown. The evidence, including expert acoustic reports, demonstrated that the noise levels were significant, regular, and unreasonable in the urban residential context, and that effective remedial measures were available. The respondent's a…

Source excerpt

• Noise Nuisance
• Private Nuisance
• Interdictory Relief
• Environment Conservation Act
• Urban Residential Rights
• Acoustic Insulation

Allaclas Investments (Pty) Ltd and Another v Milnerton Golf Club and Others (8552/04)

Allaclas Investments (Pty) Ltd and Another v Milnerton Golf Club and Others (8552/04) [2006] ZAWCHC 36; 2007 (2) SA 40 (C) (24 August 2006)

Court

Western Cape High Court, Cape Town

Case number

8552/04

Judge

Traverso

High Court held that golf balls entering neighbouring properties did not amount to private nuisance on these facts. The golfers had taken reasonable steps, and the application was dismissed with costs.

• Private Nuisance
• Reasonableness Of Conduct
• Balancing Neighbour Rights
• Damage From Golf Balls
• Private-nuisance
• Neighbour-law