South Africa Case Law

Interactive Risk Management (Pty) Limited and Another v City of Johannesburg Metropolitan Municipality and Another (2024/051717)

Interactive Risk Management (Pty) Limited and Another v City of Johannesburg Metropolitan Municipality and Another (2024/051717) [2025] ZAGPPHC 245 (3 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024/051717

Judge

N P Mngqibisa-Thusi

The court found that the applicants failed to establish a prima facie right to the interim interdict. The mere institution of review proceedings does not entitle the applicants to interim relief, as the right to review is not the right threatened by imminent irreparable harm. The applicants did not demonstrate that their rights would be negated if construction continued, as the reviewing court retains the power to grant just and equitable relief, including demolition, should the review succeed. The applicants also failed to show a reasonable apprehension of irreparable harm, and the balance o…

Source excerpt

• Interim Interdict
• Review Of Administrative Action
• Spatial Planning And Land Use Management Act
• Municipal Planning Tribunal
• Urgency
• Restrictive Title Conditions

City of Tshwane Metropolitan Municipality v Rochville Prop (Pty) Ltd and Others (48401/2019)

City of Tshwane Metropolitan Municipality v Rochville Prop (Pty) Ltd and Others (48401/2019) [2024] ZAGPPHC 1204 (19 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

48401/2019

Judge

C J van der Westhuizen

The High Court reviewed and set aside a municipal appeal tribunal decision granting consent use for a lodge and venue, finding it acted unlawfully.

• Municipal Appeal Tribunal Powers
• Consent Use Application
• Restrictive Title Conditions
• Public Participation
• Self Review
• Condonation

Long v Appeal Authority iro Ndlambe Municipality and Others (621/2022)

Long v Appeal Authority iro Ndlambe Municipality and Others (621/2022) [2023] ZAECMKHC 131; [2024] 1 All SA 364 (ECG) (21 November 2023)

Court

Eastern Cape High Court, Makhanda

Case number

621/2022

Judge

Laing

The court found that the applicant's delay in instituting review proceedings was unreasonable but condoned the delay and extended the 180-day period, considering the explanation provided and the merits of the case. The Municipal Planning Tribunal and Appeal Authority erred in law by failing to appreciate the legal effect of the restrictive conditions attached to the title deed and by applying the new land use scheme retrospectively, rather than the Kenton-on-Sea Town Planning Scheme By-laws in force at the time of the application. The approval for guesthouse use was not permitted under the ap…

Source excerpt

• Promotion Of Administrative Justice Act
• Municipal Planning
• Restrictive Title Conditions
• Zoning Scheme Interpretation
• Condonation Of Delay
• Just And Equitable Remedy

Nghwazi TT Investments (Pty) Ltd v Lowveld Show Society (2862/2018)

Nghwazi TT Investments (Pty) Ltd v Lowveld Show Society (2862/2018) [2021] ZAMPMBHC 44 (27 September 2021)

Court

Mbombela High Court, Mpumalanga

Case number

2862/2018

Judge

Mashile

High Court held that the seller could not rely on a risk and indemnity clause to avoid refunding auctioneer’s commission after the sale was cancelled.

• Contract Interpretation
• Impossibility Of Performance
• Restrictive Title Conditions
• Indemnity Clause
• Expropriation
• Specific Performance

De Winnaar and Others v Viveiros and Others (3512/2019)

De Winnaar and Others v Viveiros and Others (3512/2019) [2020] ZAFSHC 45 (5 March 2020)

Court

Free State High Court, Bloemfontein

Case number

3512/2019

Judge

Mhlambi

The High Court granted a final interdict restraining owners from allowing business use of a residential property contrary to title conditions and zoning rules.

• Restrictive Title Conditions
• Town Planning Scheme
• Final Interdict
• Locus Standi
• Alternative Remedy
• Final-interdict

Magalies Bronberg Property Owners Association (MBPA) and Others v City of Tshwane Metropolitan Municipality and Others (A448/16)

Magalies Bronberg Property Owners Association (MBPA) and Others v City of Tshwane Metropolitan Municipality and Others (A448/16) [2017] ZAGPPHC 905 (13 December 2017)

Court

North Gauteng High Court, Pretoria

Case number

A448/16

Judges

JJ Hatting, Molopa, Mngqibisa Thusi

The High Court upheld an appeal, finding a prima facie case that commercial use of Portion 151 breached zoning and title-deed restrictions.

• Zoning Scheme Enforcement
• Restrictive Title Conditions
• Municipal Investigation Duties
• Interim Interdict
• Judicial Notice Of Legislation
• Zoning-enforcement

Bondev Midrand (Pty) Limited v Ndlangamandla NO and Others (38331/2015)

Bondev Midrand (Pty) Limited v Ndlangamandla NO and Others (38331/2015) [2016] ZAGPPHC 939 (11 November 2016)

Court

North Gauteng High Court, Pretoria

Case number

38331/2015

Judge

Prinsloo

The court found that title condition B was enforceable against the Trust as successor in title, and the obligation to erect a dwelling persisted despite the lapse of the original period. The first respondent was authorised to sign B5, either by explicit resolution or ostensible authority, and the applicant's consent for transfer and extension was predicated on B5. The Consumer Protection Act did not apply as the Trust acquired the property from a private individual, not the applicant, and the re transfer arrangement did not constitute a 'transaction' under the Act. The court found no evidence…

Source excerpt

• Restrictive Title Conditions
• Specific Performance
• Consumer Protection Act
• Trustee Authority
• Re Transfer Of Property

Bondev Midrand (Pty) Limited v Ramokgopa and Others (72637/2013)

Bondev Midrand (Pty) Limited v Ramokgopa and Others (72637/2013) [2015] ZAGPPHC 1136 (27 October 2015)

Court

North Gauteng High Court, Pretoria

Case number

72637/2013

Judge

M Akhubele

The court held that a claim to retransfer land after breach of a title condition is a debt under the Prescription Act and had prescribed.

• Prescription Act
• Restrictive Title Conditions
• Retransfer Of Property
• Personal Vs Real Rights
• Deeds Registries Act
• Prescription-act

Van Rensburg NO and Another v Naidoo NO and Others, Naidoo NO and Others v Van Rensburg NO and Others (155/09, 455/09)

Van Rensburg NO and Another v Naidoo NO and Others, Naidoo NO and Others v Van Rensburg NO and Others (155/09, 455/09) [2010] ZASCA 68; [2010] 4 All SA 398 (SCA) ; 2011 (4) SA 149 (SCA) (26 May 2010)

Court

Supreme Court of Appeal

Case number

155/09, 455/09

Judges

Navsa, Heher, Van Heerden, Mhlantla, Saldulker

The Supreme Court of Appeal held that the restrictive title deed conditions in favour of erf-holders are praedial servitudes and cannot be removed or altered by the MEC without proper delegation and due process. The MEC failed to consider written objections and did not prove lawful delegation of authority, rendering the removal decision invalid under PAJA. The Municipality's zoning regulations and guesthouse policy do not override restrictive conditions. The High Court, not sitting as a court of appeal or review, lacked power to suspend or nullify a final order of another court of equal juris…

Source excerpt

• Restrictive Title Conditions
• Removal Of Restrictions Act
• Praedial Servitude
• Administrative Action Under Paja
• Stay Of Execution
• Municipal Zoning

Van Rensburg NO and Another v Equus Training and Consulting CC and Another (3649/06 & 1440/07)

Van Rensburg NO and Another v Equus Training and Consulting CC and Another (3649/06 & 1440/07) [2009] ZAECPEHC 50 (25 September 2009)

Court

Eastern Cape High Court, Port Elizabeth

Case number

3649/06 & 1440/07

Judge

Froneman

The court enforced restrictive title conditions, granting an interdict and demolition orders against unlawful building and encroachment on erf 102, Summerstrand.

• Restrictive Title Conditions
• Building Line Encroachment
• Demolition Order
• Interdict
• Removal Of Restrictive Conditions Act
• Restrictive-title-conditions