South Africa Case Law

Residents of Vallei Uitsig v Vallei Uitsig Homeowners Association and others (4388/2021)

Residents of Vallei Uitsig v Vallei Uitsig Homeowners Association and others (4388/2021) [2023] ZAMPMBHC 61 (16 November 2023)

Court

Mbombela High Court, Mpumalanga

Case number

4388/2021

Judge

N Mazibuko

The court dismissed a locus standi objection by affected homeowners and allowed further affidavits in a dispute with their HOA over security amenities and levy-related relief.

• Locus Standi
• Homeowners Association
• Filing Of Further Affidavits
• Levy Disputes
• Security Amenities
• Title Deed Restrictions

LJ Turnkey Investments (Pty) Limited v Stellenbosch Municipality (16450/2019)

LJ Turnkey Investments (Pty) Limited v Stellenbosch Municipality (16450/2019) [2023] ZAWCHC 289 (31 October 2023)

Court

Western Cape High Court, Cape Town

Case number

16450/2019

Judge

Kusevitsky

The court held that the property’s zoning had been determined as agricultural, dismissed the owner’s declaratory application, and granted interdictory relief for the municipality.

• Zoning Scheme By Law
• Declaratory Relief
• Promotion Of Administrative Justice Act
• Title Deed Restrictions
• Municipal Planning
• Building Regulations

Dara Properties (Pty) Ltd and Another v Top Tech Feeds (Pty) Ltd and Another (2229/2021)

Dara Properties (Pty) Ltd and Another v Top Tech Feeds (Pty) Ltd and Another (2229/2021) [2021] ZAGPPHC 757 (15 November 2021)

Court

North Gauteng High Court, Pretoria

Case number

2229/2021

Judge

Joubert

The High Court dismissed an urgent final interdict application over alleged unlawful land development, finding a material dispute of fact and insufficient proof on affidavit.

• Interdict
• Title Deed Restrictions
• Unlawful Development
• Locus Standi
• Urgent-interdict
• Dispute-of-fact

Camps Bay & Clifton Ratepayers Association and Others v Al Khalifa Family Trust and Another (11256/2019)

Camps Bay & Clifton Ratepayers Association and Others v Al Khalifa Family Trust and Another (11256/2019) [2020] ZAWCHC 181 (15 December 2020)

Court

Western Cape High Court, Cape Town

Case number

11256/2019

Judge

Rogers

The High Court set aside approvals of three sets of building plans for a Camps Bay dwelling, condoned delay, and granted limited declaratory relief.

• Building Regulations
• Municipal Planning By Law
• Delay In Review
• Title Deed Restrictions
• Environmental Authorisation
• Condonation

VanHeerden v Appeal Authority IRO The Pixley Ka Seme District Municipality and Others (2849/2017)

VanHeerden v Appeal Authority IRO The Pixley Ka Seme District Municipality and Others (2849/2017) [2019] ZANCHC 39 (30 August 2019)

Court

Northern Cape High Court, Kimberley

Case number

2849/2017

Judges

Williams, O'Brien

The court found that the approval of the trust's building plans and the removal of restrictive title deed conditions were unlawful and irrational due to procedural defects and failure to comply with statutory requirements. The respondents did not provide adequate notice to all affected property owners as required by SPLUMA and the municipal by-law, thereby denying them the opportunity to object. The decisions of the municipal planning tribunal and appeal authority were not rationally connected to the information before them, nor were adequate reasons provided for their actions. The respondent…

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• Removal Of Restrictive Conditions
• Spatial Planning And Land Use Management Act
• Municipal Planning Tribunal
• Procedural Fairness
• Title Deed Restrictions
• Judicial Review

Horsell v Buffalo City Metropolitan Municipality and Another (EL1636/2016; ECD3936/2016)

Horsell v Buffalo City Metropolitan Municipality and Another (EL1636/2016; ECD3936/2016) [2018] ZAECELLC 5 (3 April 2018)

Court

Eastern Cape High Court, East London Local Court

Case number

EL1636/2016; ECD3936/2016

Judge

Hartle

The court granted a PAJA review, extended condonation time, and set aside a rezoning because a title-deed restriction remained effective.

• Promotion Of Administrative Justice Act
• Removal Of Restrictive Conditions
• Municipal Land Use Management
• Title Deed Restrictions
• Public Participation
• Spatial Planning

Du Plessis v Labuschagne and Others (3799/2016)

Du Plessis v Labuschagne and Others (3799/2016) [2017] ZAFSHC 24 (16 February 2017)

Court

Free State High Court, Bloemfontein

Case number

3799/2016

Judge

Nicholson, AJ

The court found that the applicant had established a clear right as a neighbouring property owner, a reasonable apprehension of harm due to the unlawful use of the property, and that criminal prosecution under section 41 of the Ordinance does not constitute a satisfactory alternative remedy. Criminal prosecution is discretionary, retrospective, and does not guarantee cessation of the unlawful conduct. The court held that interdicts are the appropriate remedy to enforce zoning restrictions and prevent ongoing unlawful land use. The application for a final interdict was granted, but its operati…

Source excerpt

• Town Planning Scheme
• Title Deed Restrictions
• Final Interdict
• Alternative Remedy
• Unlawful Land Use

Ekurhuleni Metropolitan Municipality v Rosenkrantz (82075/2014)

Ekurhuleni Metropolitan Municipality v Rosenkrantz (82075/2014) [2016] ZAGPPHC 462 (6 June 2016)

Court

North Gauteng High Court, Pretoria

Case number

82075/2014

Judge

Brenner

The High Court lacks jurisdiction to grant relief that would result in the eviction of tenants protected under ESTA, as the Act vests such jurisdiction in the Magistrates' Court or Land Claims Court unless all parties consent to the High Court's jurisdiction, which was not the case here. The Municipality's application, if granted, would necessarily result in the eviction of tenants who occupy the property with the owner's consent, thus triggering ESTA's protections. The tenants and other interested parties, such as the Goebels and possibly the bondholder, were not joined, rendering the applic…

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• Extension Of Security Of Tenure Act
• Building Regulations
• Title Deed Restrictions
• Joinder Of Parties
• Rule Of Law
• Constitutional Right To Housing

Van Rensburg NO and Another v Naidoo NO and Others (2732/11)

Van Rensburg NO and Another v Naidoo NO and Others (2732/11) [2012] ZAECPEHC 94 (20 December 2012)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2732/11

Judge

J.E Smith

The court found that the demolition order issued by Froneman J was valid and binding, and that none of the limited exceptions permitting disregard of a court order applied. The Respondents had exhausted all legal remedies, including appeals to the Supreme Court of Appeal and Constitutional Court, and their subsequent conduct—seeking political intervention and making defamatory statements about the judiciary—demonstrated willful and mala fide non-compliance. The Respondents' arguments regarding the invalidity of the order, reciprocity, and lack of jurisdiction over the Fourth Respondent were r…

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• Contempt Of Court
• Title Deed Restrictions
• Enforcement Of Court Orders
• Rescission Of Judgment

Mahogany Ridge 2 Property Owners Association v Unlawful Occupiers of Lot 13113 Pinetown and Others (2673/2011)

Mahogany Ridge 2 Property Owners Association v Unlawful Occupiers of Lot 13113 Pinetown and Others (2673/2011) [2012] ZAKZDHC 66; [2013] 2 All SA 236 (KZD) (7 November 2012)

Court

Kwazulu-Natal High Court, Durban

Case number

2673/2011

Judge

Sishi

The High Court granted eviction under PIE, finding the occupiers unlawful and that the municipality had made suitable alternative accommodation available.

• Prevention Of Illegal Eviction Act
• Right To Housing
• Just And Equitable Eviction
• Alternative Accommodation
• Title Deed Restrictions
• Municipal Obligations