South Africa Case Law

PJJ van Vurren Beleggings (Pty) Ltd and Another v Wilds Homeowners Association NPC and Another (89624/2018)

PJJ van Vurren Beleggings (Pty) Ltd and Another v Wilds Homeowners Association NPC and Another (89624/2018) [2022] ZAGPPHC 572 (18 July 2022)

Court

North Gauteng High Court, Pretoria

Case number

89624/2018

Judge

BAQWA

The court found that Trumpeter’s Loop and Beisa Street are public roads, as established by the general plans approved by the Surveyor-General and filed in the Deeds Office, and vested in the municipality under section 63 of the Ordinance. The first respondent’s restriction of access was not authorised by the municipality in accordance with the procedures set out in Act 10 of 1998. The Singh decision was distinguished, as the roads in that case were private and part of the estate, whereas here the roads are not part of the individual properties and have not been converted to private ownership.…

Source excerpt

• Public Road Status
• Access Control
• Municipal Powers
• Township Development
• Security Closure
• Declaratory Relief

JJPC Brand Administrators and Another v Lombard and Others (1223/2017)

JJPC Brand Administrators and Another v Lombard and Others (1223/2017) [2019] ZASCA 55 (1 April 2019)

Court

Supreme Court of Appeal

Case number

1223/2017

Judges

Navsa, Tshiqi, Wallis, Van der Merwe, Eksteen

The SCA held that the respondents failed to prove a road was not public and, in any event, could not relocate a prescriptive right of way where the new route prejudiced the dominant owner.

• Servitude Of Right Of Way
• Acquisitive Prescription
• Public Road Status
• Relocation Of Servitude
• Servitude-of-right-of-way
• Acquisitive-prescription