South Africa Case Law

Hansa N.O and Others v Ethekwini Municipality and Others (D5113/24)

Hansa N.O and Others v Ethekwini Municipality and Others (D5113/24) [2025] ZAKZDHC 33 (23 May 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D5113/24

Judge

Shapiro AJ

The Municipality acted unlawfully in approving the building plans for the M[...] property. The lowest level of the new dwelling does not qualify as a basement under the statutory definition, as less than 50% of its volume is below natural ground level. The building is functionally a three-storey development, with each storey exceeding the maximum permitted height of 4.5 metres, and thus contravenes town planning controls. The Municipality failed to properly apply its mind to the requirements of section 7(1)(b) of the Act, did not conduct a rational assessment of the impact on neighbouring pro…

Source excerpt

• Building Regulations
• Town Planning Controls
• Judicial Review
• Unlawful Administrative Action
• Derogation Of Value
• Interpretation Of Statutes

Poledor Timveos v Ethekwini Municipality and others (D9680/2019)

Poledor Timveos v Ethekwini Municipality and others (D9680/2019) [2021] ZAKZDHC 9 (24 March 2021)

Court

Kwazulu-Natal High Court, Durban

Case number

D9680/2019

Judge

Olsen

The court reviewed and set aside eThekwini Municipality’s approval of building plans for Erf 2107 Durban, extended time under PAJA, and ordered notice of any future application.

• Promotion Of Administrative Justice Act
• Building Regulations
• Town Planning Controls
• Review Of Administrative Action
• Unlawful Approval Of Building Plans
• Administrative-law