South Africa Case Law

Choisy-Le-Roi (Proprietary) Limited v Municipality of Stellenbosch and Another (7157/2023)

Choisy-Le-Roi (Proprietary) Limited v Municipality of Stellenbosch and Another (7157/2023) [2025] ZAWCHC 339 (11 August 2025)

Court

Western Cape High Court, Cape Town

Case number

7157/2023

Judge

Bhoopchand

The High Court set aside Stellenbosch’s rezoning appeal decision after finding it relied on an ungazetted, non-binding MSDF version and was tainted by an error of law.

• Municipal Spatial Development Framework
• Procedural Fairness
• Judicial Review Under Paja
• Zoning Scheme By Law
• Error Of Law
• Administrative-law

Jordan v City of Johannesburg Metropolitan Municipality and Others (2025/055433)

Jordan v City of Johannesburg Metropolitan Municipality and Others (2025/055433) [2025] ZAGPJHC 611 (13 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/055433

Judge

FMM Reid

The High Court upheld a point in limine that the applicant lacked locus standi in an urgent municipal-services dispute and dismissed the application with costs.

• Locus Standi
• Municipal Services Disconnection
• Urgent Interdict
• Lease Agreement Dispute
• Locus-standi
• Urgent-interdict

Henque 3833 CC v Bailie N.O and Others (3340/2020)

Henque 3833 CC v Bailie N.O and Others (3340/2020) [2025] ZAMPMHC 17 (31 January 2025)

Court

Middelburg High Court, Mpumalanga

Case number

3340/2020

Judge

Langa

The High Court ordered transfer of property to Henque 3833 CC, finding the executor’s cancellation invalid and rejecting the defence that the buyer assumed rezoning duties.

• Transfer Of Property
• Spluma Certificate
• Contractual Obligations
• Municipal By Laws
• Rezoning Conditions
• Property-transfer

Seshego Land Claims Committee v Minister of Agriculture Land Reform and Rural Development and Others (HCAA37/2023)

Seshego Land Claims Committee v Minister of Agriculture Land Reform and Rural Development and Others (HCAA37/2023) [2024] ZALMPPHC 171 (4 November 2024)

Court

Limpopo High Court, Polokwane

Case number

HCAA37/2023

Judges

Naude-Odendaal, G.C. Muller, M. Mathabathe

The appeal was dismissed because the relief sought concerned land restitution, which falls within the Land Claims Court’s exclusive jurisdiction.

• Restitution Of Land Rights Act
• Jurisdiction Of Land Claims Court
• Mandamus
• Rezoning
• Land Restoration
• Costs In Constitutional Litigation

Die Hoerskool Menlo Park School Governing Body v City Manager: City of Tshwane Metropolitan Municipality and Others (26999/2022)

Die Hoerskool Menlo Park School Governing Body v City Manager: City of Tshwane Metropolitan Municipality and Others (26999/2022) [2024] ZAGPPHC 1028 (19 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

26999/2022

Judge

E van der Schyff

High Court review over rezoning near a school was dismissed for late filing and weak prospects of success. Each party was ordered to bear its own costs.

• Promotion Of Administrative Justice Act
• Rezoning Application
• Locus Standi
• Delay In Review
• Public Participation
• Traffic Impact Assessment

Body Corporate of Argyle Green v Appeal Authority City of Johannesburg and Others (2021/9113)

Body Corporate of Argyle Green v Appeal Authority City of Johannesburg and Others (2021/9113) [2024] ZAGPJHC 943 (16 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2021/9113

Judge

S Liebenberg

The court found that both the November 2018 decision of the Municipal Planning Tribunal and the subsequent appeal decision by the Appeal Authority constituted administrative action under PAJA and were susceptible to review. The affidavits submitted by the City respondents were struck out as inadmissible hearsay and unqualified opinion evidence, since the deponent lacked personal knowledge and expertise. The applicant had requested reasons for the November 2018 decision, satisfying the requirement to exhaust internal remedies. The MPT failed to take into account relevant considerations, notabl…

Source excerpt

• Promotion Of Administrative Justice Act
• Municipal Planning Bylaws
• Procedural Fairness
• Rezoning
• Hearsay Evidence
• Internal Remedies

Mohamed v Thair and Another (A30/2020; 37/2019)

Mohamed v Thair and Another (A30/2020; 37/2019) [2024] ZAMPMBHC 12 (12 February 2024)

Court

Mbombela High Court, Mpumalanga

Case number

A30/2020

Judge

JL Bhengu

The High Court found the first respondent in contempt for failing to comply with a prior order to finalise rezoning and subdivision steps, and suspended a 30-day sentence conditionally.

• Contempt Of Court
• Enforcement Of Court Orders
• Subdivision And Rezoning
• Building Plan Approval
• Contempt-of-court
• Enforcement-of-court-orders

Municipal Employees Pension Fund v City of Johannesburg Metropolitan Municipality and Others (27756/2021)

Municipal Employees Pension Fund v City of Johannesburg Metropolitan Municipality and Others (27756/2021) [2023] ZAGPJHC 177 (24 February 2023)

Court

South Gauteng High Court, Johannesburg

Case number

27756/2021

Judge

ML Senyatsi

The High Court held that the Municipal Employees Pension Fund lacked locus standi to challenge a rezoning decision made before it acquired the property.

• Locus Standi
• Review Of Administrative Action
• Rezoning
• Promotion Of Administrative Justice Act
• Substitution Of Parties
• Locus-standi

Confident Concept (Pty) Limited v Member of the Mayoral Committee: Development Planning - City of Johannesburg and Others (617/2018)

Confident Concept (Pty) Limited v Member of the Mayoral Committee: Development Planning - City of Johannesburg and Others (617/2018) [2022] ZAGPJHC 982 (13 December 2022)

Court

South Gauteng High Court, Johannesburg

Case number

617/2018

Judge

Adams

High Court review of a municipal rezoning appeal: the MMC’s decision was set aside for relying on irrelevant factors, missing relevant ones, and acting irrationally.

• Promotion Of Administrative Justice Act
• Judicial Review Of Municipal Decisions
• Town Planning Scheme Interpretation
• Rezoning Application
• Coverage Requirements
• Bias And Rationality

De Klerk and Others v City of Bombela Local Municipality c/o Municipal Manager and Others (2928/2018)

De Klerk and Others v City of Bombela Local Municipality c/o Municipal Manager and Others (2928/2018) [2020] ZAMPMBHC 42 (16 July 2020)

Court

Mbombela High Court, Mpumalanga

Case number

2928/2018

Judge

Jansen van Rensburg

The High Court dismissed a review of municipal planning decisions for lack of locus standi, mootness, and failure to exhaust internal remedies under PAJA.

• Promotion Of Administrative Justice Act
• Exhaustion Of Internal Remedies
• Locus Standi
• Mootness
• Municipal Planning
• Rezoning Application