Ndlambe Municipality v Lester and Others (92/2011)
Ndlambe Municipality v Lester and Others (92/2011) [2012] ZAECGHC 33; [2012] 3 All SA 441 (ECG) (3 May 2012)
The court found that the dwelling constructed by Lester is an unlawful structure, both judicially and administratively, as it was built without approved plans and in breach of statutory and municipal requirements. Previous court orders and administrative decisions declaring the structure unlawful are binding and cannot be set aside by a single judge in the exercise of discretion. While the court retains a discretion in granting demolition orders, this discretion must be exercised judicially, weighing the disproportionality of prejudice and the dictates of legal and public policy. The hardship…
Source excerpt
- Building Regulations
- Demolition Order
- Municipal Approval
- Title Deed Restriction
- Proportionality Of Prejudice
- Constitutional Right To Housing