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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 [2013] ZAGPPHC 505

Escarpment Environment Protection Group and Another v Department of Water Affairs and Others (A666/11, 4333/12, 4334/12)

Escarpment Environment Protection Group and Another v Department of Water Affairs and Others (A666/11, 4333/12, 4334/12) [2013] ZAGPPHC 505 (20 November 2013)

Court
North Gauteng High Court, Pretoria
Case number
A666/11, 4333/12, 4334/12
Judges
Tuchten, M Victor

The court held that s 148(1)(f) of the National Water Act does not restrict the right of appeal to the Water Tribunal only to those who lodged written objections pursuant to a formal notice under s 41(4)(a)(ii). Any person who timeously lodged a written objection, regardless of the method by which they became aware of the application, has standing to appeal. The restrictive interpretation adopted by the Water Tribunal was arbitrary and inconsistent with constitutional values of openness, participation, and access to justice. The court found that the appellants' prospects of success were stron…

Source excerpt

  • National Water Act
  • Standing Of Objectors
  • Procedural Fairness
  • Condonation
  • Public Participation
  • Internal Remedies
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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.