South Africa Case Law

Liberty Group Limited and Others v City of Johannesburg Metropolitan Municipility and Others (2023/024680)

Liberty Group Limited and Others v City of Johannesburg Metropolitan Municipility and Others (2023/024680) [2024] ZAGPJHC 153 (19 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/024680

Judge

Wright

The court dismissed a review of Johannesburg’s decision to build a Sandton BRT terminal, finding material compliance with notice requirements and no proven expropriation.

• Municipal Notice Requirements
• Review Of Administrative Action
• Delegation Of Authority
• Expropriation
• Interdict
• Public Transport Infrastructure

Mwezi Service Station CC v Rustenburg Local Municipality and Others (M62/2017)

Mwezi Service Station CC v Rustenburg Local Municipality and Others (M62/2017) [2018] ZANWHC 2 (8 March 2018)

Court

North West High Court, Mafikeng

Case number

M62/2017

Judge

M M Leeuw

The applicant failed to prove beyond reasonable doubt that the Municipality or the Executive Mayor acted in contempt of the court order. The evidence shows that the rezoning process was initiated and is subject to municipal procedures, with delays not amounting to wilful defiance. The construction activities undertaken are consistent with the current zoning as 'existing public road', and the superstructure for the central bus station has been postponed pending rezoning. The contract for the RRT project does not conflict with permitted land uses, as the works are limited to substructure and se…

Source excerpt

• Contempt Of Court
• Municipal Planning
• Rezoning Application
• Town Planning Scheme
• Public Transport Infrastructure
• Contractual Compliance