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South Africa Case Law

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Administrative Law [2017] ZAECGHC 76

Zimmerman v Ndlambe Municipality and Others (226/2017)

Zimmerman v Ndlambe Municipality and Others (226/2017) [2017] ZAECGHC 76; [2017] 4 All SA 584 (ECG) (22 June 2017)

Court
Eastern Cape High Court, Grahamstown
Case number
226/2017
Judge
Mageza AJ

The court found that the applicant, as an adjoining property owner, was directly affected by the rezoning and departure applications and was entitled to object and participate in the process. The municipality failed to comply with the requirements of procedural fairness under PAJA and SPLUMA by not affording the applicant adequate opportunity to make submissions, failing to provide full reasons and documentation, and denying her a proper appeal process. The approval was not supported by a valid site development plan and was driven by the interests of property developers rather than the stated…

Source excerpt

  • Promotion Of Administrative Justice Act
  • Municipal Planning
  • Rezoning Procedure
  • Procedural Fairness
  • Standing Of Objectors
  • Appeal Rights
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Administrative Law [2015] ZAKZDHC 54

Aboobaker N.O and Others v Serengeti Rise Body Corporate and Another (12052/2014)

Aboobaker N.O and Others v Serengeti Rise Body Corporate and Another (12052/2014) [2015] ZAKZDHC 54; 2015 (6) SA 200 (KZD); [2015] 3 All SA 538 (KZD) (29 June 2015)

Court
Kwazulu-Natal High Court, Durban
Case number
12052/2014
Judge
Steyn

The court found that the rezoning of 317 Currie Road from GR1 to GR5 was unlawful and invalid due to the respondents' failure to comply with statutory notice requirements under the Town Planning Ordinance. Notices were not properly served on all affected owners and occupiers, and the public notification process was inadequate. The approval of building plans for a nine-storey structure was consequently invalid, as it relied on the unlawful rezoning. The Municipality failed to act in accordance with the Promotion of Administrative Justice Act and its own Ordinance. The court held that only the…

Source excerpt

  • Judicial Review Of Administrative Action
  • Building Plan Approval
  • Rezoning Procedure
  • Notice Requirements
  • Legality Doctrine
  • Demolition Order
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.