Norman & Gary Askin Dunswart Properties (Pty) Ltd v Arcelormittal South Africa Limited and Others (2017/78274) [2019] ZAGPPHC 82 (14 March 2019)
Court
North Gauteng High Court, Pretoria
Case number
2017/78274
Judge
LR Adams
The court dismissed an application for an interim interdict after finding the option agreement void under section 67 of the Town Planning and Township Ordinance.
Tridevco (Pty) Ltd and Others v Zenprop Property Holdings (Pty) Ltd and Others (8578/2016) [2018] ZAGPPHC 658 (3 September 2018)
Court
North Gauteng High Court, Pretoria
Case number
8578/2016
Judge
Vally
The court dismissed a late PAJA review of township approval, refused amendment to add condonation, rejected lapse and merits-based declaratory relief, and ordered punitive costs.
Abrina 1772 (Pty) Ltd and Another v Koukoudis and Another (61404/2009) [2014] ZAGPPHC 368 (10 June 2014)
Court
North Gauteng High Court, Pretoria
Case number
61404/2009
Judge
R G Tolmay
The court found that the defendants, in lodging objections and appeals against the plaintiffs' township application, acted with the predominant intent to harm the plaintiffs and not to advance any legitimate commercial or town planning interest. The evidence, including minutes of Proc Corp's directors' meetings and expert testimony, established that the objections were part of a strategy to delay competing developments and stifle competition, rather than to protect reasonable interests. The defendants' failure to lead evidence to explain or justify their conduct reinforced the inference of ma…
Kosmos X6 Homeowners Association v Leopont 64 Properties (Pty) Ltd (39233/08) [2014] ZAGPPHC 401 (6 June 2014)
Court
North Gauteng High Court, Pretoria
Case number
39233/08
Judge
P.M. Mabuse
The court held that the plaintiff's claims based on the agreements of sale were extinguished by prescription. The agreements were concluded between March and April 2004, and the right to claim performance arose at the latest by 1 July 2005, after the township was proclaimed and the purchasers were obliged to pay the balance of the purchase price. The summons was served on 20 August 2008, more than three years after the claims became due, and thus prescription had run its course. The court rejected the plaintiff's argument that prescription only commenced upon transfer of the properties, findi…
Aquila Steel SA (Pty) Ltd v South African Steel Company (Pty) Ltd (14612/2013) [2014] ZAGPPHC 365 (30 May 2014)
Court
North Gauteng High Court, Pretoria
Case number
14612/2013
Judge
Cilliers
The court held that the properties in question fall outside any town planning or zoning scheme under the Town Planning and Townships Ordinance (Tvl), 15 of 1986, and therefore no land use approval from the municipality is required for the exercise of prospecting rights. The Ordinance was considered a relevant law, but its provisions do not impose zoning requirements on these properties. The court found that the National Heritage Act prohibits certain activities at burial sites but does not prevent the holder of a prospecting right from accessing the property for prospecting outside such sites…
Outward Investments (Pty) Ltd and Another v Park Road Trading 7 (Pty) Ltd (51/2010) [2011] ZASCA 61 (31 March 2011)
Court
Supreme Court of Appeal
Case number
51/2010
Judges
Harms, Navsa, Snyders, Malan, Seriti
The court held that clause 5.1.8 of the sale agreement did not impose a continuing obligation to disclose unknown or future facts, but only required disclosure of material information known to the seller at the relevant times. The alleged breaches related to events that occurred after the option agreements were entered into and thus were not subject to disclosure under the warranty. Regarding the Ordinance, the court found that section 67(1) applies only to the establishment of a township and not to the extension of township boundaries. The procedures for extension and establishment are disti…
McLaren v Freimac (Pty) Ltd and Others (08/9285) [2010] ZAGPJHC 33 (28 April 2010)
Court
South Gauteng High Court, Johannesburg
Case number
08/9285
Judge
C.G. Lamont
High Court case holding that an unlawful land subdivision and transfer, done without local authority consent, was void and the registration had to be cancelled.
Hough v Durban Metropolitan Unicity Municipality, Hough v Durban Metropolitan Unicity Municipality and Others; Hough v Durban Metropolitan Unicity Municipality and Others; Durban Metropolitan Unicity Municipality v Hough and Another (785/03 , 785/03 , 848/03 , 1175/03 , 9433/04) [2006] ZAKZHC 7; 2007 (1) SA 455 (N) (7 June 2006)
Court
High Courts - Kwazulu Natal
Case number
785/03 , 848/03 , 1175/03 , 9433/04
Judge
C.N. Patel
The court held that public places in La Lucia vested absolutely in the municipality, rejected reversionary claims, upheld an exception, and confirmed the municipality’s interdict.
East Zulu Motors (Proprietary) Limited v Empangeni/Ngwelezane Transitional Local Council and Others (CCT44/96) [1997] ZACC 19; 1998 (1) BCLR 1; 1998 (2) SA 61 (4 December 1997)
The Constitutional Court held that the differentiation in the Town Planning Ordinance between applicants and objectors regarding rights of appeal is rationally connected to the distinct procedures and functions of exempted and non-exempted local authorities. The Ordinance provides that applicants may appeal when their application is refused by a non-exempted local authority, as this is a final decision, whereas objectors' representations are considered by the Commission before any amendment is approved. The procedures applicable to exempted and non-exempted local authorities are rationally re…
