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Administrative Law [2024] ZAKZDHC 47

eThekwini Municipality v Brand IQ (Pty) Ltd and Others (D5464/2024)

eThekwini Municipality v Brand IQ (Pty) Ltd and Others (D5464/2024) [2024] ZAKZDHC 47 (12 July 2024)

Court
Kwazulu-Natal High Court, Durban
Case number
D5464/2024
Judge
P J Combrinck

The court found that the respondents erected a substantial outdoor advertising structure without obtaining the required municipal permit or approved building plans, in clear contravention of the eThekwini Municipality: Outdoor Advertising By-law, 2018 and the National Building Regulations and Building Standards Act. The structure qualifies as a 'building' under the Act, and the applicant was entitled to seek a demolition order. The respondents' arguments that the structure was not a 'building' and that building plan requirements were not lawfully imposed were rejected. The court held that it…

Source excerpt

  • Municipal By Laws
  • Building Regulations
  • Demolition Orders
  • Outdoor Advertising
  • Interim Interdict
  • Selective Enforcement
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Administrative Law [2023] ZAKZDHC 81

Westville Ratepayers Association v Ethekwini Municipality (D9343/2023;D9946/2023;D9947/2023;D9948/2023;D9949/2023;D9950/2023)

Westville Ratepayers Association v Ethekwini Municipality (D9343/2023;D9946/2023;D9947/2023;D9948/2023;D9949/2023;D9950/2023) [2023] ZAKZDHC 81 (27 October 2023)

Court
Kwazulu-Natal High Court, Durban
Case number
D9343/2023;D9946/2023;D9947/2023;D9948/2023;D9949/2023;D9950/2023
Judge
Thobela-Mkhulisi AJ

The court found that the dispute raised by the Association did not concern any specific amount claimed by the Municipality, as required by section 102(2) of the Municipal Systems Act. Instead, the Association's grievances related to general issues such as tariff increases, public participation, and municipal conduct, which do not qualify as disputes under the statutory provision. The applicants' refusal to pay for municipal services while demanding continued provision of those services was not supported by law. Furthermore, the allegations of selective enforcement were speculative and unsuppo…

Source excerpt

  • Municipal Services
  • Rates Boycott
  • Section 102 Municipal Systems Act
  • Credit Control
  • Selective Enforcement
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Land And Property [2023] ZAKZPHC 112

Kwadukuza Municipality v Stangvest Investments (Pty) Ltd and Others (AR134/22)

Kwadukuza Municipality v Stangvest Investments (Pty) Ltd and Others (AR134/22) [2023] ZAKZPHC 112 (16 October 2023)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
AR134/22
Judges
Chetty, Balton, Vahed

The court held that the operation of a hardware store by Jabula Hardware on Erf 981 did not contravene the KwaDukuza Land Use Management Scheme's Mixed Core Use 3 zoning, as a hardware shop is a permitted retail activity and does not constitute a builder's supply yard, which refers to open land for industrial-scale storage. The municipality's attempt to restrict use of the adjacent municipal parking (Erf 3108) was irrational and selectively enforced, as similar businesses were not targeted. The alleged building alterations were minor and did not warrant planning approval or a new certificate…

Source excerpt

  • Municipal Zoning
  • Town Planning Schemes
  • Urgent Interdict
  • Building Regulations
  • Certificate Of Occupation
  • Selective Enforcement
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Administrative Law [2014] ZAGPPHC 904

Quick Drink Co (Pty) Ltd and Another v Medicines Control Council and Others (64056/2014)

Quick Drink Co (Pty) Ltd and Another v Medicines Control Council and Others (64056/2014) [2014] ZAGPPHC 904; 2015 (5) SA 358 (GP) (11 November 2014)

Court
North Gauteng High Court, Pretoria
Case number
64056/2014
Judge
N Kollapen

The court found that the seizure of the applicants' consignment of e-cigarettes was an act of selective enforcement for which no rational basis existed. Despite the existence of other importers, manufacturers, and retailers of e-cigarettes, only the applicants were targeted, and the respondents failed to provide any objective explanation beyond vague references to capacity constraints. The court held that such selective enforcement, absent a rational connection to a legitimate governmental purpose, violated the constitutional guarantee of equality before the law and constituted unlawful admin…

Source excerpt

  • Promotion Of Administrative Justice Act
  • Selective Enforcement
  • Interim Interdict
  • Equality Before The Law
  • Medicines And Related Substances Act
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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.