South Africa Case Law

Chung Fung (Pty) Ltd and Another v Mayfair Residents Association and Others (2148/2019)

Chung Fung (Pty) Ltd and Another v Mayfair Residents Association and Others (2148/2019) [2023] ZAGPJHC 263 (20 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2148/2019

Judges

Mudau, Mahalelo, Wanless

The court held that the appellants were not entitled to use Erf [...] for commercial activities or parking as these uses were inconsistent with its zoning as public open space under both the 1979 and 2018 Town Planning Schemes. The City of Johannesburg was bound by its own scheme and could not authorise uses outside its scope. The lease agreement did not override zoning restrictions, and the activities conducted by the appellants constituted a nuisance to nearby residents. The proposed construction of a boundary wall would not abate the nuisance sufficiently and would not legalise the unlawfu…

Source excerpt

• Town Planning Scheme
• Public Open Space Definition
• Nuisance
• Interdict
• Environmental Rights
• Admission Of Further Evidence On Appeal

Mayfair Residents Association and Others v City of Johannesburg Metropolitan Municipality and Others (2148/2019)

Mayfair Residents Association and Others v City of Johannesburg Metropolitan Municipality and Others (2148/2019) [2021] ZAGPJHC 55 (19 May 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2148/2019

Judge

L R Adams

The High Court held that Erf 56 was zoned as public open space and could not lawfully be used for parking, storage or retail activity. It granted interdicts and nuisance relief.

• Zoning Scheme Enforcement
• Public Open Space Definition
• Municipal Powers And Duties
• Actionable Nuisance
• Statutory Interdict
• Constitutional Environmental Rights

Mayfair Residents Association and Others v City of Johannesburg and Others (2148/2019)

Mayfair Residents Association and Others v City of Johannesburg and Others (2148/2019) [2021] ZAGPJHC 148 (19 May 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2148/2019

Judge

L R Adams

The court found that Erf 56 is zoned as 'public open space' and its use by Dragon City and Anchor Projects for parking, storage, and commercial activities is unlawful under both the 1979 and 2018 Schemes. The City of Johannesburg could not lawfully consent to such use, nor could it override zoning restrictions by lease. The persistent commercial use has deprived residents of recreational space and caused unreasonable nuisance through noise, fumes, and traffic congestion. The applicants, as residents in the vicinity, are entitled to protection under the Scheme and to relief in the form of inte…

Source excerpt

• Zoning Scheme Enforcement
• Public Open Space Definition
• Municipal Duties
• Nuisance
• Statutory Interdict
• Interpretation Of Town Planning Schemes