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South Africa Case Law

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Land And Property [2024] ZAGPJHC 663

Ekurhuleni Metropolitan Municipality v Lesufi (2022/058996)

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.

  • National Building Regulations
  • Unlawful Structures
  • Demolition Order
  • Municipal Powers
  • Town Planning Scheme
  • Unlawful-structures
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Land And Property [2018] ZAGPJHC 89

River Gate Properties (Pty) Ltd and Another v Asmal NO and Others (97167/16)

River Gate Properties (Pty) Ltd and Another v Asmal NO and Others (97167/16) [2018] ZAGPJHC 89 (29 March 2018)

The court found that the respondents erected thirty residential units on the property without approved building plans, in contravention of the Town Planning Scheme and restrictive title deed conditions. The preliminary approval relied upon by the respondents was invalid, as the official lacked authority and the municipality confirmed no valid plans existed at the relevant time. The doctrine of estoppel does not apply to organs of state where it would result in enforcement of illegality. The principle from Oudekraal and subsequent cases does not entrench the effectiveness of unlawful administr…

  • National Building Regulations And Building Standards Act
  • Unlawful Structures
  • Municipal Planning Scheme
  • Removal Of Restrictive Conditions
  • Estoppel Against State
  • Demolition Order
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