South Africa Case Law

Tembu Convenience Centre CC and Another v City of Johannesburg and Others (270/2018)

Tembu Convenience Centre CC and Another v City of Johannesburg and Others (270/2018) [2018] ZASCA 160; 2019 (4) SA 194 (SCA) (28 November 2018)

Court

Supreme Court of Appeal

Case number

270/2018

Judges

Ponnan, Tshiqi, Saldulker, Mokgohloa, Rogers

The Supreme Court of Appeal held that the creation of dedicated bus lanes and the installation of physical barriers in Mooki Street did not amount to a permanent closure or diversion of part of the street within the meaning of section 67 of the Local Government Ordinance 17 of 1939. The court found that the closure was only for a particular class of traffic—vehicles other than Rea Vaya buses—and thus fell under section 66(1), which does not require the procedures of section 67. The court distinguished the present facts from previous cases where streets were closed or diverted to all traffic o…

Source excerpt

• Municipal Powers
• Road Closure
• Compensation For Loss
• Traffic Regulation
• Local Government Ordinance
• Dedicated Bus Lane

Tembu Convenience Centre CC and Another v City of Johannesburg and Others (2011/44745)

Tembu Convenience Centre CC and Another v City of Johannesburg and Others (2011/44745) [2017] ZAGPJHC 460 (15 September 2017)

Court

South Gauteng High Court, Johannesburg

Case number

2011/44745

Judge

L Windell

The High Court held that BRT works on Mooki Street did not permanently close or divert the road under section 67 of the Ordinance. The claim for damages was dismissed.

• Road Closure
• Municipal Powers
• Compensation For Loss
• Traffic Flow Alteration
• Local Government Ordinance
• Public Right Of Way

Michau N.O and Others v Member of the Executive Council, Eastern Cape Province and Others (3550/13)

Michau N.O and Others v Member of the Executive Council, Eastern Cape Province and Others (3550/13) [2014] ZAECGHC 115 (24 December 2014)

Court

Eastern Cape High Court, Grahamstown

Case number

3550/13

Judge

E Revelas

The High Court reviewed and set aside the closure of MN43C, finding the decision irrational, based on incorrect facts, and unfair to affected landowners.

• Promotion Of Administrative Justice Act
• Road Closure
• Statutory Interpretation
• Public Right Of Way
• Error Of Law
• Administrative-law

Smith and Others v Marx and Others (563/2003)

Smith and Others v Marx and Others (563/2003) [2005] ZAFSHC 58 (17 June 2005)

Court

Free State High Court, Bloemfontein

Case number

563/2003

Judges

Malherbe RP, Wright R

The High Court set aside a proclamation closing tertiary roads T984, T985 and T986 near Theunissen, finding the closure unreasonable and inadequately justified.

• Road Closure
• Review Of Administrative Action
• Public Right Of Way
• Proclamation Validity
• Road-closure
• Judicial-review