South Africa Case Law

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

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

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 986 (13 December 2022)

Court

South Gauteng High Court, Johannesburg

Case number

617/2018

Judge

L R Adams

The MMC's decision to uphold the appeal against the rezoning approval was fundamentally flawed. It was based on incorrect assumptions regarding coverage requirements, failed to consider relevant expert reports, and ignored the lawful approval of the original building plans. The MMC took into account irrelevant factors, such as the relative size of the property, and did not establish a rational connection between the information before him and the decision made. The MMC also acted beyond the scope of the appeal by issuing directions regarding building plans, which were not the subject of the a…

Source excerpt

• Promotion Of Administrative Justice Act
• Judicial Review Of Administrative Action
• Rezoning Application
• Municipal Planning Tribunal
• Coverage Requirements
• Bias And Irregularity

Letaba v Greater Tzaneen Municipality C/O The Municipal Manager (2853/2020)

Letaba v Greater Tzaneen Municipality C/O The Municipal Manager (2853/2020) [2022] ZALMPPHC 51 (1 September 2022)

Court

Limpopo High Court, Polokwane

Case number

2853/2020

Judge

GC Muller

The High Court held that Greater Tzaneen Municipality had to publish a proclamation notice after approving Agri Letaba’s rezoning and restraining its reliance on lapse provisions.

• Rezoning Application
• Municipal By Laws
• Spatial Planning And Land Use Management Act
• Failure To Publish Proclamation
• Mandatory Interdict
• Rezoning-application

Choisy-Le-Roi Owners (Pty) Ltd v The Municipality of Stellenbosch and Another (10240/2020)

Choisy-Le-Roi Owners (Pty) Ltd v The Municipality of Stellenbosch and Another (10240/2020) [2022] ZAWCHC 71; 2022 (5) SA 461 (WCC) (11 May 2022)

Court

Western Cape High Court, Cape Town

Case number

10240/2020

Judge

A.G. Binns-Ward

The court held that the appeal authority erred in interpreting the Municipal Spatial Development Framework (MSDF) by relying on deleted draft text and ignoring the operative, gazetted provisions. The Mayor's approach led to consideration of irrelevant factors and a failure to consider relevant ones, particularly the sections of the MSDF supporting balanced precincts and residential opportunity in Technopark. The court emphasized that statutory instruments must be interpreted according to their promulgated text, not preparatory materials, unless ambiguity or absurdity arises. The absence of re…

Source excerpt

• Promotion Of Administrative Justice Act
• Municipal Spatial Development Framework
• Rezoning Application
• Statutory Interpretation
• Procedural Fairness

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

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

Mwesi services station CC v Rustenburg Local Municipality (718/2013)

Mwesi services station CC v Rustenburg Local Municipality (718/2013) [2014] ZANWHC 27 (24 April 2014)

Court

North West High Court, Mafikeng

Case number

718/2013

Judge

Gutta

The High Court granted leave to appeal and cross-appeal, and also granted Rule 49(11) enforcement pending appeal, in a municipal transport-planning dispute.

• Town Planning And Townships Ordinance
• Rezoning Application
• Rapid Transport Network
• Interdict
• Rule 49 Enforcement
• Leave-to-appeal

Nelson Mandela Bay Metropolitan Municipality v Harlech-Jones NO and Others (2243/08)

Nelson Mandela Bay Metropolitan Municipality v Harlech-Jones NO and Others (2243/08) [2010] ZAECPEHC 2 (28 January 2010)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2243/08

Judge

Roberson

The court held that a title-deed restrictive condition limited the property to residential use and interdicted the respondents from operating a restaurant there.

• Restrictive Conditions Of Title
• Rezoning Application
• Praedial Servitude
• Removal Of Restrictions
• Interpretation Of Title Deeds
• Restrictive-conditions-of-title

Huisman v Minister of Local Government Housing and Works and Another (169/94)

Huisman v Minister of Local Government Housing and Works and Another (169/94) [1995] ZASCA 151; 1996 (1) SA 836 (SCA); (29 November 1995)

Court

Supreme Court of Appeal

Case number

169/94

Judges

Joubert, Nestadt, Van den Heever, Harms, Scott

The court dismissed an appeal against refusal of rezoning, holding the decision-maker had properly applied his mind and that no procedural unfairness was shown.

• Rezoning Application
• Natural Justice
• Structure Plan Interpretation
• Municipal Discretion
• Rezoning
• Natural-justice