Masuku v City of Mbombela (A55/2024; MRCC 227/2023)
Masuku v City of Mbombela (A55/2024; MRCC 227/2023) [2025] ZAMPMBHC 35 (8 May 2025)
The court held that the matter was governed by public law and statutory remedies under the National Building Regulations and Building Standards Act, not by common law principles. The Supreme Court of Appeal in Lester v Ndlambe Municipality established that once illegality is proven, the court has no discretion and must order demolition. The appellant's reliance on BSB International Link CC was misplaced, as that case concerned common law remedies, not statutory ones. The magistrate correctly applied the law and was bound to order demolition of the illegal structure. Even if discretion existed…
Source excerpt
- National Building Regulations Act
- Illegal Structure Demolition
- Public Law Remedy