South Africa Case Law

Hilandale Homeowners Association t/a Woodland Hills Wildlife Estate Homeowners Association v Mangaung Metropolitan Municipality and Another (5026/2022)

Hilandale Homeowners Association t/a Woodland Hills Wildlife Estate Homeowners Association v Mangaung Metropolitan Municipality and Another (5026/2022) [2023] ZAFSHC 484 (13 December 2023)

Court

Free State High Court, Bloemfontein

Case number

5026/2022

Judge

P. E. Molitsoane

The High Court held that Woodland Hills’ proclamations reserved refuse removal to the town owner, so the municipality could not levy refuse removal fees.

• Municipal Services
• Refuse Removal
• Service Level Agreement
• Township Establishment
• Local Government Powers
• Declaratory Relief

Golden Falls Trading 125 (Pty) Ltd v City of Ekurhuleni Metropolitan Municipality and Others (7982/2020)

Golden Falls Trading 125 (Pty) Ltd v City of Ekurhuleni Metropolitan Municipality and Others (7982/2020) [2023] ZAGPJHC 849 (31 July 2023)

Court

South Gauteng High Court, Johannesburg

Case number

7982/2020

Judge

Mia

The court found that the applicant's review application was brought outside the 180-day period prescribed by section 7(1) of PAJA, and the applicant failed to provide a full, reasonable explanation for the delay as required for condonation under section 9(2) of PAJA and Van Wyk v Unitas Hospital. The applicant was aware of the development and administrative decisions but did not act timeously or make reasonable enquiries. The Municipality complied with legal requirements for public notification, and there was no legal basis for requiring personal notification to the applicant. The court held…

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• Promotion Of Administrative Justice Act
• Township Establishment
• Municipal Planning
• Environmental Authorisation
• Condonation For Late Review
• Separation Of Powers

Joubert N.O.and Others v Xacto (Pty) Ltd and Others (547/2021)

Joubert N.O.and Others v Xacto (Pty) Ltd and Others (547/2021) [2023] ZANCHC 17 (21 April 2023)

Court

Northern Cape High Court, Kimberley

Case number

547/2021

Judge

Williams

The court found that the Riversdale Trust, through its trustees, engaged in prohibited actions under section 3 of the Subdivision of Agricultural Land Act by entering into lease agreements with occupiers for portions of agricultural land without Ministerial consent. The agreements, which included terms for long-term leases and the sale of shares linked to land occupation, constituted subdivision and contravened the Act. The arrangements also amounted to the unlawful establishment of a township, as evidenced by the creation of multiple residential units, supporting infrastructure, and the exer…

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• Subdivision Of Agricultural Land Act
• Township Establishment
• Spatial Planning Land Use Management Act
• Municipal Planning
• Illegal Land Use
• Lease Agreements

Stoney River Prop 199 CC v Automotive Parts Exports (PTY) LTD and Others (1235/2018)

Stoney River Prop 199 CC v Automotive Parts Exports (PTY) LTD and Others (1235/2018) [2022] ZALMPTHC 7 (17 May 2022)

Court

Limpopo High Court, Thohoyandou

Case number

1235/2018

Judge

AML Phatudi

The High Court dismissed an application for leave to appeal against an order setting aside municipal tribunal approvals for a township establishment.

• Township Establishment
• Municipal Planning Tribunal
• Leave To Appeal
• Notice Requirements
• Leave-to-appeal
• Township-establishment

Automotive Parts and Exports (Pty) Ltd t/a BP Auto Bridge and Others v Chairman: Municipal Appeals Tribunal: Makhado Local Municipality and Others (1235/2018)

Automotive Parts and Exports (Pty) Ltd t/a BP Auto Bridge and Others v Chairman: Municipal Appeals Tribunal: Makhado Local Municipality and Others (1235/2018) [2022] ZALMPTHC 3 (25 March 2022)

Court

Limpopo High Court, Thohoyandou

Case number

1235/2018

Judge

AML Phatudi

The High Court upheld a PAJA review of township-establishment decisions, finding no undue delay and holding that the property description was materially defective.

• Promotion Of Administrative Justice Act
• Township Establishment
• Review Of Administrative Action
• Delay Rule
• Property Description Requirements
• Administrative-law

Q4 Commercial Properties (Pty) Ltd v Municipal Manager: Madibeng Local Municipality and Others (47686/19)

Q4 Commercial Properties (Pty) Ltd v Municipal Manager: Madibeng Local Municipality and Others (47686/19) [2021] ZAGPPHC 81 (11 February 2021)

Court

North Gauteng High Court, Pretoria

Case number

47686/19

Judge

T P Mudau

High Court ruled a late internal appeal under SPLUMA invalid, but refused to substitute its own decision on township applications under PAJA.

• Promotion Of Administrative Justice Act
• Internal Appeal Procedure
• Township Establishment
• Delay In Administrative Action
• Substitution Of Administrative Decision
• Condonation Of Late Filing

Koukoudis and Another v Abrina and Another (20747/2014)

Koukoudis and Another v Abrina and Another (20747/2014) [2016] ZASCA 95; [2016] 3 All SA 398 (SCA); 2016 (5) SA 352 (SCA) (2 June 2016)

Court

Supreme Court of Appeal

Case number

20747/2014

Judges

Leach, Majiedt, Pillay, Victor, Baartman

The Supreme Court of Appeal held that the respondents failed to prove both the subjective and objective requirements for a claim based on abuse of rights. The evidence did not establish that the appellants acted with the sole or predominant intention to harm the respondents; rather, the objection and appeal were motivated by a legitimate commercial interest in protecting the value and viability of the Mall@Reds shopping centre. The court found that the respondents' case was speculative and lacked cogency, and that the appellants' conduct was not wrongful under South African law. The appeal su…

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• Abuse Of Rights
• Pure Economic Loss
• Wrongfulness
• Township Establishment
• Statutory Objection
• Damages For Delay

Nabuvax (Pty) Ltd and Others v City of Tshwane Metropolitan Municipality and Others (31875/13)

Nabuvax (Pty) Ltd and Others v City of Tshwane Metropolitan Municipality and Others (31875/13) [2013] ZAGPPHC 181; [2013] 3 All SA 528 (GNP) (2 July 2013)

Court

North Gauteng High Court, Pretoria

Case number

31875/13

Judge

Kollapen

The court found that the applicants had established a prima facie right to seek an interim interdict, as construction activities were being undertaken without the requisite approval of building plans in terms of the National Building Regulations and Building Standards Act. The urgency was justified by the ongoing construction, which could result in irreversible changes to the property. The balance of convenience favoured the applicants, as the harm to them outweighed any prejudice to the respondents. The court held that pending the outcome of the review application, it was appropriate to rest…

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• Interim Interdict
• Building Regulations
• Township Establishment
• Review Of Administrative Action
• Urgency
• Development Facilitation Act

Wilson and Others v Mbombela Local Municipality and Others (19621/2004, A19/2008)

Wilson and Others v Mbombela Local Municipality and Others (19621/2004, A19/2008) [2012] ZAGPPHC 315 (27 November 2012)

Court

North Gauteng High Court, Pretoria

Case number

19621/2004, A19/2008

Judges

C.P. Rabie, R.G. Tolmay, H.J. de Vos

The court found that the appellants failed to provide a full and reasonable explanation for the substantial delay in prosecuting the appeal. Long periods of inaction were not addressed, and the financial difficulties alleged were not credibly substantiated. The delay exceeded a year, and the explanations offered were vague and inadequate. The court held that condonation for such an inordinate delay, absent a reasonable explanation, would undermine the principle of finality in litigation and was not in the interests of justice. Furthermore, the prospects of success on appeal were found to be e…

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• Promotion Of Administrative Justice Act
• Unreasonable Delay
• Condonation
• Township Establishment
• Zoning
• Costs Order

Abseq Properties (Pty) Ltd v Maroun Square Shopping Centre (Pty) Ltd and Others (27808/2011)

Abseq Properties (Pty) Ltd v Maroun Square Shopping Centre (Pty) Ltd and Others (27808/2011) [2012] ZAGPJHC 53 (2 March 2012)

Court

South Gauteng High Court, Johannesburg

Case number

27808/2011

Judge

André Gautschi

The High Court dismissed an application to stop township establishment in Fourways, finding no unreasonable delay but holding the applicant was not an “interested person” under the Ordinance.

• Promotion Of Administrative Justice Act
• Township Establishment
• Interim Interdict
• Unreasonable Delay
• Standing Of Interested Person
• Municipal Planning