South Africa Case Law

Octrop (Pty) Ltd v National Department of Public Works and Others (38986/2019)

Octrop (Pty) Ltd v National Department of Public Works and Others (38986/2019) [2020] ZAGPPHC 296 (4 June 2020)

Court

North Gauteng High Court, Pretoria

Case number

38986/2019

Judge

LI Vorster

The court found that the doctrine of vetustas does not apply because the origin of the use of Tiny Town Lane is known and dates back to the 1930 subdivision and development of the property. Acquisitive prescription was not established, as there was no evidence of adverse use against the rights of the owner; the road was made available to the public by the owner. The relief sought is not a mandatory interdict but an order compelling the first respondent to formalize the public nature of the road by registering a public servitude. The first respondent does not dispute the public use of the road…

Source excerpt

• Public Right Of Way
• Servitude Registration
• Acquisitive Prescription
• Administrative Action
• Mandatory Interdict

Tembu Convenience Centre CC and Another v City of Johannesburg and Others (2011/44745)

Tembu Convenience Centre CC and Another v City of Johannesburg and Others (2011/44745) [2017] ZAGPJHC 460 (15 September 2017)

Court

South Gauteng High Court, Johannesburg

Case number

2011/44745

Judge

L Windell

The High Court held that BRT works on Mooki Street did not permanently close or divert the road under section 67 of the Ordinance. The claim for damages was dismissed.

• Road Closure
• Municipal Powers
• Compensation For Loss
• Traffic Flow Alteration
• Local Government Ordinance
• Public Right Of Way

Michau N.O and Others v Member of the Executive Council, Eastern Cape Province and Others (3550/13)

Michau N.O and Others v Member of the Executive Council, Eastern Cape Province and Others (3550/13) [2014] ZAECGHC 115 (24 December 2014)

Court

Eastern Cape High Court, Grahamstown

Case number

3550/13

Judge

E Revelas

The High Court reviewed and set aside the closure of MN43C, finding the decision irrational, based on incorrect facts, and unfair to affected landowners.

• Promotion Of Administrative Justice Act
• Road Closure
• Statutory Interpretation
• Public Right Of Way
• Error Of Law
• Administrative-law

Smith and Others v Marx and Others (563/2003)

Smith and Others v Marx and Others (563/2003) [2005] ZAFSHC 58 (17 June 2005)

Court

Free State High Court, Bloemfontein

Case number

563/2003

Judges

Malherbe RP, Wright R

The High Court set aside a proclamation closing tertiary roads T984, T985 and T986 near Theunissen, finding the closure unreasonable and inadequately justified.

• Road Closure
• Review Of Administrative Action
• Public Right Of Way
• Proclamation Validity
• Road-closure
• Judicial-review