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South Africa decisions
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Ekurhuleni Metropolitan Municipality v Lesufi (2022/058996) [2024] ZAGPJHC 663 (17 July 2024)
The High Court ordered demolition of unlawful structures built without approved plans and awarded costs, finding the respondent had ignored municipal notices and court directives.
University of Pretoria v Roger and Others (61693/2019) [2023] ZAGPPHC 1834 (24 October 2023)
The High Court dismissed leave to appeal against findings that entertainment breached the town planning scheme and that a landlord had to act against unlawful tenant conduct.
University of Pretoria v Roger and Others (61693/2019) [2023] ZAGPPHC 1203 (18 September 2023)
The High Court restricted bars near the University of Pretoria from operating outside land-use rights and granted relief against nuisance and unlawful use.
Chung Fung (Pty) Ltd and Another v Mayfair Residents Association and Others (2148/2019) [2023] ZAGPJHC 263 (20 March 2023)
The court held that the appellants were not entitled to use Erf [...] for commercial activities or parking as these uses were inconsistent with its zoning as public open space under both the 1979 and 2018 Town Planning Schemes. The City of Johannesburg was bound by its own scheme and could not authorise uses outside its scope. The lease agreement did not override zoning restrictions, and the activities conducted by the appellants constituted a nuisance to nearby residents. The proposed construction of a boundary wall would not abate the nuisance sufficiently and would not legalise the unlawfu…
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Jacobs and Others v Buschow and Others (2021/2022) [2022] ZAFSHC 338 (28 November 2022)
The court found that the respondents were unlawfully permitting the operation of a frail care facility on property zoned 'Single Residential 2', in contravention of the Bloemfontein Town Planning Scheme. The applicants, as neighbouring property owners, have locus standi to enforce compliance with the zoning scheme. Non-joinder of residents and Tree Tops (Pty) Ltd was not fatal, as neither had a direct and substantial interest prejudicially affected by the relief sought, which was not eviction but restraint of unlawful business use. The pending re-zoning application did not legalize current us…
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Shilane v Ten Napel and Others: In re: Ten Napel and Another v Ekurhuleni Metropolitan Municipality and Another (A5017/2022) [2022] ZAGPJHC 913 (17 November 2022)
The appeal was dismissed because the appellant's unlawful conduct persisted despite contravention notices and undertakings. The rezoning and removal of restrictive conditions did not legalise the structure, which remained in breach of building regulations and planning scheme requirements. The court confirmed that affected neighbours have standing to seek demolition under private law, and that the discretion to order demolition was properly exercised by the court a quo. The application for condonation and reinstatement of the appeal was granted, but the merits did not justify interference with…
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Ten Napel and Another v Ekurhuleni Metropolitan Municipality and Others (44339/2020) [2021] ZAGPJHC 566 (30 September 2021)
The High Court ordered demolition of an unlawful multi-dwelling structure built without approved plans or rezoning, and awarded costs against the respondent.
Horn v Ceronio N.O and Others (3395/2020) [2021] ZAFSHC 101 (6 May 2021)
The court granted a final interdict restraining unlawful business use of property zoned for limited uses under the Bainsvlei Town Planning Scheme.
Cachalia v Lehwright Proprietary Limited (Makgoba JP, Phatudi J, Tshidada AJ) [2020] ZALMPPHC 14 (26 March 2020)
The appeal failed. The High Court upheld a demolition order and nuisance relief over a pigeon loft built too close to a boundary line and found fraud in the consent process.
De Winnaar and Others v Viveiros and Others (3512/2019) [2020] ZAFSHC 45 (5 March 2020)
The High Court granted a final interdict restraining owners from allowing business use of a residential property contrary to title conditions and zoning rules.
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