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City of Thswane Metropolitan Municipality v Asaba and Another (2024/070674) [2025] ZAGPPHC 186 (26 February 2025)
The High Court confirmed a rule nisi, declared unauthorized building works unlawful, authorized demolition by the municipality, and awarded punitive costs.
Basfour 3327 (PTY) Ltd v Thwala and Others (LCC160/2017) [2022] ZALCC 20 (5 October 2022)
The court found that while the Respondents qualify as occupiers under ESTA due to their long-term residence and presumed consent, ESTA does not permit the construction of entirely new dwellings without the owner's express written consent. The right to effect improvements is limited to those reasonably necessary to render an existing dwelling habitable and in conformity with human dignity, and does not extend to building a new structure on a different site. The Respondents' reliance on Daniels v Scribante was misplaced, as that case concerned improvements to existing dwellings, not the erectio…
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