South Africa Case Law

Kwadukuza Municipality v Stangvest Investments (Pty) Ltd and Others (AR134/22)

Kwadukuza Municipality v Stangvest Investments (Pty) Ltd and Others (AR134/22) [2023] ZAKZPHC 112 (16 October 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR134/22

Judges

Chetty, Balton, Vahed

The court held that the operation of a hardware store by Jabula Hardware on Erf 981 did not contravene the KwaDukuza Land Use Management Scheme's Mixed Core Use 3 zoning, as a hardware shop is a permitted retail activity and does not constitute a builder's supply yard, which refers to open land for industrial-scale storage. The municipality's attempt to restrict use of the adjacent municipal parking (Erf 3108) was irrational and selectively enforced, as similar businesses were not targeted. The alleged building alterations were minor and did not warrant planning approval or a new certificate…

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• Municipal Zoning
• Town Planning Schemes
• Urgent Interdict
• Building Regulations
• Certificate Of Occupation
• Selective Enforcement

Le Sueur and Another v Ethekwini Municipality and Others (9714/11)

Le Sueur and Another v Ethekwini Municipality and Others (9714/11) [2013] ZAKZPHC 6 (30 January 2013)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

9714/11

Judge

Gyanda

The court found that the Ethekwini Municipality had validly adopted the D-MOSS amendments, as a resolution to proceed was taken before the repeal of the Town Planning Ordinance and the process was not abandoned, thus saved by transitional provisions of the Planning and Development Act. The court held that municipalities possess constitutional and statutory authority to legislate on environmental matters as part of municipal planning, supported by national and provincial legislation and policy. The argument that environmental regulation is reserved exclusively for national and provincial gover…

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• Municipal Planning
• Environmental Regulation
• Ultra Vires
• Constitutional Mandate
• Transitional Provisions
• Town Planning Schemes

eThekwini Municipality v Tsogo Sun KwaZulu-Natal (Pty) Ltd (86/2006)

eThekwini Municipality v Tsogo Sun KwaZulu-Natal (Pty) Ltd (86/2006) [2007] ZASCA 38; ; 2007 (6) SA 272 (SCA) ; [2008] 1 All SA 6 (SCA) (28 March 2007)

Court

Supreme Court of Appeal

Case number

86/2006

Judges

Howie, Brand, Heher, Musi, Theron

The Supreme Court of Appeal held that the municipality’s letter was an unequivocal refusal of building-plan approval, so the applicant had to appeal under section 9.

• Building Regulations
• Interpretation Of Statutes
• Town Planning Schemes
• Integrated Development Plan
• Refusal Of Approval
• Building-regulations