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South Africa decisions
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Diedricks v St Eve (Pty) Ltd and Others (518/2023) [2025] ZAFSHC 56 (21 February 2025)
The High Court found the first three respondents in contempt of a zoning interdict, holding their continued business activity on the property was wilful and mala fide.
LJ Turnkey Investments (Pty) Limited v Stellenbosch Municipality (16450/2019) [2023] ZAWCHC 289 (31 October 2023)
The court held that the property’s zoning had been determined as agricultural, dismissed the owner’s declaratory application, and granted interdictory relief for the municipality.
Stellenbosch University v Retolla and Others (LCC63/2021) [2022] ZALCC 27; 2024 (1) SA 284 (LCC) (16 August 2022)
The court found that the property owned by Stellenbosch University is excluded from the ambit of ESTA because it forms part of the township of Stellenbosch, which was recognised as a township in law at least since 1927 under the Townships Ordinance. The uncontested evidence, including expert opinion and municipal records, established that the property is zoned for education and not designated for agricultural purposes. The legislative history of township development in the Western Cape, including the 1927 and 1934 Townships Ordinances, LUPO, LUPA, and SPLUMA, supports the conclusion that the…
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Joubert and Another v City of Tshwane Metropolitan Municipality (93179/19) [2022] ZAGPPHC 461 (23 June 2022)
The High Court dismissed a review of a municipal appeal decision refusing consent use for a scrap yard, and declined declaratory relief on second-hand goods trading.
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.
Combretumpark Home Owners Association (Association Incorporated Under Section 21) v Cubana Latino Cafe Ten CC and Others (3362/2016) [2017] ZALMPPHC 25 (28 August 2017)
The High Court interdicted a business from operating contrary to zoning rules and from excessive amplified music that the court found constituted a nuisance.
Buffalo City Metropolitan Municipality v Transnet Soc Limited and Another (EL313/2016, ECD813/2016) [2017] ZAECELLC 8 (9 May 2017)
The court dismissed Buffalo City’s bid to interdict commercial use of Transnet land, holding that section 13(4) of the SATS Act protected the existing use.
Magalies-Bronberg v City of Tshwane (86552/2014) [2016] ZAGPPHC 534 (9 March 2016)
The court dismissed an interim interdict application over alleged unlawful land use, finding the applicants had not properly founded their zoning case.
Tavakoli and Others v Phase III Development Company (Pty) Ltd and Another (22026/2015) [2015] ZAWCHC 188 (11 December 2015)
The High Court granted an interim interdict stopping further building work pending review of approved building plans for a Fresnaye development.
Randjesfontein Country Estates Limited and Others v Masoom Trading Solutions (Pty) Ltd and Others (43706/14) [2015] ZAGPPHC 199 (20 February 2015)
The court held that training seminars on agricultural-zoned property breached the town planning scheme and interdicted the respondents from using it as a place of instruction.
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