City of Cape Town and Others v Sterea Digital CC and Another (A48/2023;18984/2020)
City of Cape Town and Others v Sterea Digital CC and Another (A48/2023;18984/2020) [2023] ZAWCHC 293; [2024] 1 All SA 680 (WCC) (21 November 2023)
The court held that the review application should have been limited to the grounds codified in the Promotion of Administrative Justice Act (PAJA), specifically whether relevant considerations were ignored, whether there was procedural unfairness, and whether there was bias. The decision-makers considered all relevant facts, including the prior consent use for a school, and exercised their discretion within the statutory framework. The court a quo erred by substituting its own view for that of the administrators and by failing to respect the distinction between review and appeal. Allegations o…
Source excerpt
- Municipal Planning
- Promotion Of Administrative Justice Act
- Spatial Development Framework
- Bias In Administrative Action
- Procedural Fairness
- Review Of Administrative Action