South Africa Case Law

Interactive Risk Management (Pty) Limited and Another v City of Johannesburg Metropolitan Municipality and Another (2024/051717)

Interactive Risk Management (Pty) Limited and Another v City of Johannesburg Metropolitan Municipality and Another (2024/051717) [2025] ZAGPPHC 245 (3 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024/051717

Judge

N P Mngqibisa-Thusi

The court found that the applicants failed to establish a prima facie right to the interim interdict. The mere institution of review proceedings does not entitle the applicants to interim relief, as the right to review is not the right threatened by imminent irreparable harm. The applicants did not demonstrate that their rights would be negated if construction continued, as the reviewing court retains the power to grant just and equitable relief, including demolition, should the review succeed. The applicants also failed to show a reasonable apprehension of irreparable harm, and the balance o…

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• Interim Interdict
• Review Of Administrative Action
• Spatial Planning And Land Use Management Act
• Municipal Planning Tribunal
• Urgency
• Restrictive Title Conditions

Rand Airport Holdings (Pty) Ltd and Another v Ekurhuleni Metropolitan Municipality and Others (24823.22)

Rand Airport Holdings (Pty) Ltd and Another v Ekurhuleni Metropolitan Municipality and Others (24823.22) [2024] ZAGPPHC 1072 (25 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

24823/22

Judge

Chabedi

The court found that the Municipality's decisions to levy and recalculate development charges for water, sanitation, and electricity were unlawful and invalid. The Municipality failed to comply with its own policies, the SPLUMA By-law, and the principles of fair administrative justice. The recalculations were not supported by contemporaneous records, lacked transparency, and were not rationally connected to the empowering provisions. The court held that the applicants were exempted from exhausting internal remedies due to exceptional circumstances and the constant revision of charges. The dec…

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• Municipal Planning
• Development Charges
• Spatial Planning And Land Use Management Act
• Judicial Review
• Exhaustion Of Internal Remedies
• Bulk Engineering Services

Van Heerden v Van Niekerk N.O and Others (1231/2022)

Van Heerden v Van Niekerk N.O and Others (1231/2022) [2024] ZANCHC 89 (13 September 2024)

Court

Northern Cape High Court, Kimberley

Case number

1231/2022

Judge

Stanton

The court granted condonation for late affidavits and postponed the main application pending a SPLUMA internal appeal, directing municipal respondents to process the appeal.

• Spatial Planning And Land Use Management Act
• Municipal By Laws
• Condonation
• Internal Appeal Procedure
• Building Regulations
• Declaratory Relief

Van Waveren N.O and Others v Municipal Manager City of Polokwane Local Municipality and Others (7946/2024)

Van Waveren N.O and Others v Municipal Manager City of Polokwane Local Municipality and Others (7946/2024) [2024] ZALMPPHC 87 (12 August 2024)

Court

Limpopo High Court, Polokwane

Case number

7946/2024

Judge

M Bresler

The court found that the applicants, as current registered owners of the property, have a prima facie right adversely affected by the adjacent development. The dismissal of their appeal on the basis that they were not the original objectors was fatally flawed, as SPLUMA grants locus standi to any interested person whose rights may be affected. The requirements for interim relief—prima facie right, reasonable apprehension of irreparable harm, balance of convenience, and absence of satisfactory alternative remedy—were satisfied. Internal remedies under PAJA do not preclude interim interdicts pe…

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• Interim Interdict
• Locus Standi
• Municipal Planning
• Spatial Planning And Land Use Management Act
• Public Participation
• Internal Remedies

Chung-Fung (Pty) Ltd and Another v Mayfair Residents Association and Others (2023/080436)

Chung-Fung (Pty) Ltd and Another v Mayfair Residents Association and Others (2023/080436) [2023] ZAGPJHC 1162 (13 October 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2023/080436

Judge

A W Pullinger

The court found that the applicants had established the absence of substantive redress in due course, justifying urgent relief. The rezoning of Erf [...] under Amendment Scheme 20-01-2697 rendered the previous interdict against parking use otiose, as the use is now lawful under the operative land use scheme. The court held that it does not have the power to suspend the operation of a promulgated amendment scheme absent a constitutional challenge. The Residents' conditional counter-application for an interim interdict was dismissed, as lawful exercise of a right cannot be interdicted. Costs we…

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• Spatial Planning And Land Use Management Act
• Declaratory Relief
• Interim Interdict
• Municipal Planning
• Self Created Urgency
• Rule 6 12 Urgency

Du Toit and Another v Mangaung Metropolitan Municipality and Others (6019/2022)

Du Toit and Another v Mangaung Metropolitan Municipality and Others (6019/2022) [2023] ZAFSHC 339 (22 August 2023)

Court

Free State High Court, Bloemfontein

Case number

6019/2022

Judge

JP Daffue

The court held that the applicants, as owners of adjacent property, are directly affected persons under section 42 of SPLUMA and common law, and thus entitled to participate in the Municipal Planning Tribunal hearing regarding the Trust's land use application. Section 45 of SPLUMA does not require such persons to formally apply for intervener status; it applies to those not directly affected. The Municipality's partial compliance with the court order and its awareness of the applicants' interest further supported their standing. The rule nisi was confirmed, and the Municipality was ordered to…

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• Municipal Planning Tribunal
• Spatial Planning And Land Use Management Act
• Locus Standi
• Procedural Fairness
• Urgent Interdict

DB Property Development Company (Pty) Ltd v Executive Mayor Stellenbosch Municipality and Others (15274/2021)

DB Property Development Company (Pty) Ltd v Executive Mayor Stellenbosch Municipality and Others (15274/2021) [2023] ZAWCHC 200 (10 August 2023)

Court

Western Cape High Court, Cape Town

Case number

15274/2021

Judge

J Cloete

The Executive Mayor impermissibly fettered her discretion by rigidly applying paragraph 14.1 of the municipal development charges policy, disregarding the proportionality principle and the discretion explicitly conferred by paragraph 9.1.3 and relevant legislation. The decision failed to properly consider engineering evidence of reduced municipal road usage and treated the policy as binding rather than as a guideline. Furthermore, the reduction of the development charges credit was materially influenced by an error of law, as the Executive Mayor incorrectly relied on SPLUMA provisions that do…

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• Development Charges
• Municipal Policy Review
• Spatial Planning And Land Use Management Act
• Western Cape Land Use Planning Act
• Proportionality In Municipal Charges

Stoney River Properties 199 CC v Chairperson Municipal Appeals Tribunal Makhado Local Municipality and Others (HCAA29/2022)

Stoney River Properties 199 CC v Chairperson Municipal Appeals Tribunal Makhado Local Municipality and Others (HCAA29/2022) [2023] ZALMPPHC 63 (4 August 2023)

Court

Limpopo High Court, Polokwane

Case number

HCAA29/2022

Judges

M V Semenya, M Naudè-Odendaal, M S Monene

The High Court upheld an appeal against review relief, finding the township property was sufficiently described and remitting the remaining review grounds.

• Promotion Of Administrative Justice Act
• Town Planning And Townships Ordinance
• Spatial Planning And Land Use Management Act
• Public Participation
• Judicial Review
• Unreasonable Delay

Hetherington and Others v Boat House Langebaan (Pty) Ltd and Another (15777/2022)

Hetherington and Others v Boat House Langebaan (Pty) Ltd and Another (15777/2022) [2023] ZAWCHC 132 (24 May 2023)

Court

Western Cape High Court, Cape Town

Case number

15777/2022

Judge

Meer

The court found that the First Respondent's use of the property for short-term rentals, events, and commercial activities is unlawful and in contravention of the Saldanha Bay Municipal Integrated Zoning Scheme By-Law. The zoning scheme provides for specific primary and consent uses, and the activities conducted by the First Respondent fall outside these permitted uses. The scheme's definitions of 'dwelling house', 'dwelling unit', and 'family' do not accommodate the commercial and transient uses described. The Respondent's argument that any use not expressly prohibited is permitted was reject…

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• Municipal Zoning Scheme
• Unlawful Land Use
• Interdictory Relief
• Spatial Planning And Land Use Management Act
• Nuisance
• Consent Use

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