South Africa Case Law

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

Brondev Developments (Pty) Ltd and Another v City Of Tshwane Metropolitan Municipality (74422/16)

Brondev Developments (Pty) Ltd and Another v City Of Tshwane Metropolitan Municipality (74422/16) [2019] ZAGPPHC 44 (22 February 2019)

Court

North Gauteng High Court, Pretoria

Case number

74422/16

Judge

A E Andrews

The High Court dismissed an exception to a special plea but upheld an exception to the defendant’s plea, finding contradictory averments prejudicial.

• Exception Procedure
• Pleading Irregularity
• Debate Of Account
• Town Planning And Townships Ordinance
• Fiduciary Duty
• Contractual Obligation

City of Tshwane Metropolitan Municipality v President of the Gauteng Services Appeal Board and Others (1624/2016)

City of Tshwane Metropolitan Municipality v President of the Gauteng Services Appeal Board and Others (1624/2016) [2017] ZAGPPHC 1065 (13 December 2017)

Court

North Gauteng High Court, Pretoria

Case number

1624/2016

Judge

Van der Berg

The court held that the Services Appeal Board did not have express or implied powers under the Town-planning and Townships Ordinance to rule on the validity of promulgation notices or correction notices. The principle established in Oudekraal and Kirland applies: administrative acts remain valid and binding until set aside by a court. The board exceeded its authority by striking off the appeal and disregarding the second promulgation notice, which was not challenged by the parties. The applicant's delay in bringing the review application was condoned due to a reasonable explanation and absenc…

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• Promotion Of Administrative Justice Act
• Town Planning And Townships Ordinance
• Powers Of Administrative Tribunals
• Condonation For Late Review
• Jurisdiction Of Appeal Boards

Drift Supersand (Pty) Limited v Mogale City Local Municipality and Another (1185/2016)

Drift Supersand (Pty) Limited v Mogale City Local Municipality and Another (1185/2016) [2017] ZASCA 118; [2017] 4 All SA 624 (SCA) (22 September 2017)

Court

Supreme Court of Appeal

Case number

1185/2016

Judges

Navsa, Leach, Petse, Molemela, Mokgohloa

The Supreme Court of Appeal held that the appellant, as a nearby landowner operating a quarry, had standing to challenge the Municipality's approval of the township. The Municipality failed to follow a procedurally fair process as required by PAJA, breached the appellant's legitimate expectation to a hearing, and did not properly consider the appellant's objection. The appellant was excluded from the decision-making process and was therefore not obliged to exhaust internal remedies before seeking judicial review. The cross-appeal to strike out allegations in the replying affidavit was dismiss…

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• Procedural Fairness
• Legitimate Expectation
• Standing
• Town Planning And Townships Ordinance
• Promotion Of Administrative Justice Act
• Internal Remedies Exhaustion

Reclaimation Property Holdings (Pty) Ltd v Arcelormittal South Africa Limited and Others (1074/2016)

Reclaimation Property Holdings (Pty) Ltd v Arcelormittal South Africa Limited and Others (1074/2016) [2017] ZASCA 112 (21 September 2017)

Court

Supreme Court of Appeal

Case number

1074/2016

Judges

Ponnan, Mathopo, Plasket, Ploos van Amstel, Rogers

The Supreme Court of Appeal held that a sale of land in an unapproved proposed township was void because Portion 32 fell within the Ordinance’s definition of “erf”.

• Town Planning And Townships Ordinance
• Sale Of Land
• Definition Of Erf
• Suspensive Conditions
• Invalid Contract
• Approved Township

Ergold Property No 8 CC and Another v Hersov (12627/2009)

Ergold Property No 8 CC and Another v Hersov (12627/2009) [2017] ZAGPJHC 16 (16 February 2017)

Court

South Gauteng High Court, Johannesburg

Case number

12627/2009

Judge

FHD Van Oosten

High Court judgment holding Hersov personally liable under s 424 for Panamo’s reckless trading in a failed township development, with the loan claims and interest awarded.

• Reckless Trading
• Personal Liability Of Directors
• Illegal Contracts
• Town Planning And Townships Ordinance
• Loan Agreements
• Prescription

Illovo Opportunities Partnership #61 v Illovo Junction Properties (Pty) Ltd and Another (490/13)

Illovo Opportunities Partnership #61 v Illovo Junction Properties (Pty) Ltd and Another (490/13) [2014] ZASCA 119 (19 September 2014)

Court

Supreme Court of Appeal

Case number

490/13

Judges

Maya, Cachalia, Zondi, Schoeman, Dambuza

The Supreme Court of Appeal held that the appellant had standing, but dismissed the appeal after interpreting the Ordinance as postponing payment until development rights are used.

• Town Planning And Townships Ordinance
• Declaratory Relief
• Standing
• Bulk Services Contribution
• Contractual Liability
• Declaratory-relief

Mwesi services station CC v Rustenburg Local Municipality (718/2013)

Mwesi services station CC v Rustenburg Local Municipality (718/2013) [2014] ZANWHC 27 (24 April 2014)

Court

North West High Court, Mafikeng

Case number

718/2013

Judge

Gutta

The High Court granted leave to appeal and cross-appeal, and also granted Rule 49(11) enforcement pending appeal, in a municipal transport-planning dispute.

• Town Planning And Townships Ordinance
• Rezoning Application
• Rapid Transport Network
• Interdict
• Rule 49 Enforcement
• Leave-to-appeal

Mnandi Property Development (Pty) Ltd v Ekurhuleni Local Council and Others (20018/2010)

Mnandi Property Development (Pty) Ltd v Ekurhuleni Local Council and Others (20018/2010) [2012] ZAGPJHC 6 (20 January 2012)

Court

South Gauteng High Court, Johannesburg

Case number

20018/2010

Judge

Willis

The High Court found no concluded agreement for municipal water and electricity services and dismissed the applicant’s claim with costs.

• Town Planning And Townships Ordinance
• Oral Agreement
• Motion Proceedings
• Costs Award
• Motion-proceedings
• Oral-agreement

Lurco Trading 189 (Pty) Ltd v Local Municipalitiy of Madibeng (55329/2007)

Lurco Trading 189 (Pty) Ltd v Local Municipalitiy of Madibeng (55329/2007) [2008] ZAGPHC 211 (4 July 2008)

Court

High Courts - Gauteng

Case number

55329/2007

Judge

K Makhafola

The court found that the Respondent's decision to rezone Erf 3472 from 'general business' to 'residential' was procedurally unfair and unlawful. The Applicant, as the registered owner at the time of the rezoning, was not afforded an opportunity to make representations or object, as required by Section 56(4)(b) of the Town Planning and Townships Ordinance and Section 3 of PAJA. The Respondent's unilateral withdrawal of the site development approval and subsequent rezoning without notice or hearing violated the audi alteram partem rule and the Applicant's rights. The Respondent's reliance on th…

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• Promotion Of Administrative Justice Act
• Town Planning And Townships Ordinance
• Procedural Fairness
• Audi Alteram Partem
• Rezoning
• Municipal Decision Review