South Africa Case Law

Two Tyres Services (Pty) Ltd v City of Tshwane Metropolitan Municipality (057109/22)

Two Tyres Services (Pty) Ltd v City of Tshwane Metropolitan Municipality (057109/22) [2024] ZAGPPHC 394 (11 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

057109/22

Judge

Mathunzi

The court found that clause 3 of the servitude prohibits the erection of buildings or structures within the servitude area, but does not classify uncovered parking bays as buildings or structures. The clause anticipates human activity, such as the placement of crops or rubbish, subject to height restrictions. The relevant safety regulations and standards require that any activity under the power lines must not exceed specified height limits, which the applicant's intended parking bays do not. The court held that the applicant's proposed use does not contravene the servitude, the Electrical Ma…

Source excerpt

• Servitude Interpretation
• Occupational Health And Safety
• Electrical Machinery Regulations
• Property Development
• Declaratory Relief

Government Employees Pension Fund v lsago @N12 Develeopment Proprietary Limited (LM184Sep18)

Government Employees Pension Fund v lsago @N12 Develeopment Proprietary Limited (LM184Sep18) [2019] ZACT 22 (10 January 2019)

Court

Competition Tribunal

Case number

LM184Sep18

Judges

Yasmin Carrim, Mondo Mazwai, Fiona Tregenna

The Competition Tribunal unconditionally approved GEPF’s acquisition of a 60% share in target properties owned by lsago, finding no likely competition or public interest concerns.

• Merger Control
• Public Interest
• Market Overlap
• Property Development
• Merger-control
• Public-interest

JR209 Investments (Pty) Ltd v Zendai Development (South Africa) (Pty) Ltd and Others (LM189Jan17)

JR209 Investments (Pty) Ltd v Zendai Development (South Africa) (Pty) Ltd and Others (LM189Jan17) [2017] ZACT 29; [2017] 1 CPLR 338 (CT) (3 March 2017)

Court

Competition Tribunal

Case number

LM189Jan17

Judges

Norman Manoim, Yasmin Carrim, Andiswa Ndoni

The Competition Tribunal unconditionally approved JR209 Investments’ acquisition of the Zendai target firms, finding no material competition or public interest concerns.

• Merger Control
• Horizontal Overlap
• Public Interest
• Property Development
• Merger-control
• Competition-law

Corob Trust: Palm Trust and Others Ltd v Longland Investments (Pty) Ltd and Another (016410)

Corob Trust: Palm Trust and Others Ltd v Longland Investments (Pty) Ltd and Another (016410) [2013] ZACT 57 (27 June 2013)

Court

Competition Tribunal

Case number

016410

Judges

Norman Manoim, Andiswa Ndoni, Mondo Mazwai

The Competition Tribunal approved a property merger unconditionally, finding no identified competition or public interest concerns and no basis for imposed conditions.

• Merger Notification
• Property Development
• Public Interest
• Market Concentration
• Merger-notification
• Property-development

Kovacs Investments 571 (Pty) Ltd v Investec Bank Ltd and Another, Investec Bank Ltd v Aslo Holdings (Pty) Ltd (25051/11, 18112/2011)

Kovacs Investments 571 (Pty) Ltd v Investec Bank Ltd and Another, Investec Bank Ltd v Aslo Holdings (Pty) Ltd (25051/11, 18112/2011) [2012] ZAWCHC 110 (22 February 2012)

Court

Western Cape High Court, Cape Town

Case number

25051/11, 18112/2011

Judge

Le Grange

The court dismissed a business rescue application for Aslo Holdings and granted provisional liquidation, finding the rescue plan speculative and unsupported.

• Business Rescue
• Company Liquidation
• Creditor Dividends
• Commercial Insolvency
• Property Development
• Companies Act 2008

Pinnacle Holdings (Pty) Ltd and Four Others v Acc-Ross Holdings Ltd (86/LM/Aug08)

Pinnacle Holdings (Pty) Ltd and Four Others v Acc-Ross Holdings Ltd (86/LM/Aug08) [2008] ZACT 98 (24 November 2008)

Court

Competition Tribunal

Case number

86/LM/Aug08

Judges

D Lewis, N Manoim, M Mokuena

The Competition Tribunal approved the merger between Pinnacle Point Holdings and Acc-Ross Holdings unconditionally, finding no harmful market overlap or public interest concerns.

• Merger Control
• Vertical Integration
• Property Development
• Public Interest
• Market Overlap
• Merger-control

De Kock v Saldanhabaai Munisipalitieit and Others (7488/04)

De Kock v Saldanhabaai Munisipalitieit and Others (7488/04) [2006] ZAWCHC 56 (28 November 2006)

Court

Western Cape High Court, Cape Town

Case number

7488/04

Judge

Klopper AJ

The court dismissed a review of municipal approval of neighbouring building plans, holding that the applicant's complaints about view, privacy, and value were considered and did not warrant refusal.

• Promotion Of Administrative Justice Act
• Building Regulations
• Judicial Review
• Property Development
• Servitude Rights
• Administrative-law