South Africa Case Law

Transarc Investments (Pty) Ltd v DKM Healthcare (Pty) Ltd (4233/2024)

Transarc Investments (Pty) Ltd v DKM Healthcare (Pty) Ltd (4233/2024) [2025] ZAECMHC 32 (6 May 2025)

Court

Eastern Cape High Court, Mthatha

Case number

4233/2024

Judge

JGA Laing

The defendant failed to disclose sufficient facts to establish a bona fide defence to the plaintiff's claim for cancellation and eviction. The lease agreement clearly places responsibility for zoning and permits on the defendant, and contains explicit clauses excluding the landlord's liability for fitness for purpose and waiving any relaxation of rights. The defendant's allegations regarding zoning and public policy are inadequately pleaded and unsupported by material facts. There is no evidence of unequal bargaining power or infringement of constitutional values that would render the no-warr…

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• Lease Agreement
• Summary Judgment
• Contractual Waiver
• Public Policy In Contract
• Zoning And Land Use
• Counterclaim For Damages

Ware Jakob Group (Pty) Ltd t/a Sowaar Bar v Pacific Paramount Properties (Pty) Ltd (2023-038064)

Ware Jakob Group (Pty) Ltd t/a Sowaar Bar v Pacific Paramount Properties (Pty) Ltd (2023-038064) [2024] ZAGPPHC 474 (13 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023-038064

Judge

S Potterill

On exception, the court held that the particulars of claim disclosed no cause of action for rent reduction, rezoning assistance, or misrepresentation.

• Exception To Particulars Of Claim
• Specific Performance
• Fraudulent Misrepresentation
• Lease Agreement
• Zoning And Land Use
• Exception-to-particulars-of-claim

eThekwini Municipality v Jitesh and Others (D10273/2022)

eThekwini Municipality v Jitesh and Others (D10273/2022) [2024] ZAKZDHC 17 (2 May 2024)

Court

Kwazulu-Natal High Court, Durban

Case number

D10273/2022

Judge

Mossop

The High Court interdicted a respondent from operating a trucking business on properties not zoned for industrial use and awarded costs to the municipality.

• Municipal Byelaw Enforcement
• Zoning And Land Use
• Interdict
• Contravention Notices
• Municipal-byelaw-enforcement
• Zoning-and-land-use

Highway Junction (Pty) Ltd and Others v Di-Thabeng Truck and Taxi (Pty) Ltd and Others (946/2022)

Highway Junction (Pty) Ltd and Others v Di-Thabeng Truck and Taxi (Pty) Ltd and Others (946/2022) [2024] ZASCA 31 (28 March 2024)

Court

Supreme Court of Appeal

Case number

946/2022

Judges

Ponnan, Gorven, Kgoele, Seegobin, Keightley

The Supreme Court of Appeal dismissed a cross-appeal as moot because an existing interdict already protected the appellants’ rights.

• Zoning And Land Use
• Environmental Authorisations
• Fuel Licensing
• Building Regulations
• Interdictory Relief
• Mootness

Harmse v Bulb World Electronics and Another (UM12/2023)

Harmse v Bulb World Electronics and Another (UM12/2023) [2023] ZANWHC 241 (12 October 2023)

Court

North West High Court, Mafikeng

Case number

UM12/2023

Judge

Maakane

Urgent contempt application dismissed after the court found no proven wilful breach of an interdict; the counter-application was struck off for lack of urgency.

• Contempt Of Court
• Urgent Interdict
• Lease Agreement
• Zoning And Land Use
• Counter Application
• Contempt-of-court

Du Toit and Another v Jacobs (A121/22)

Du Toit and Another v Jacobs (A121/22) [2022] ZAWCHC 243 (28 November 2022)

Court

Western Cape High Court, Cape Town

Case number

A121/22

Judges

DM Thulare, PL Goliath

Appeal over a harassment order arising from a neighbour dispute about a manure business was partly upheld; the conduct was held outside the Act.

• Protection From Harassment Act
• Definition Of Harassment
• Neighbour Disputes
• Zoning And Land Use
• Municipal By Laws
• Protection-from-harassment-act

Highway Junction (PTY) Ltd and Others v DI-Thabeng Truck and Taxi (PTY) Ltd (5821/2021)

Highway Junction (PTY) Ltd and Others v DI-Thabeng Truck and Taxi (PTY) Ltd (5821/2021) [2022] ZAFSHC 178 (27 July 2022)

Court

Free State High Court, Bloemfontein

Case number

5821/2021

Judge

ZIETSMAN P

High Court granted a partial interdict stopping land use beyond agriculture and truck parking, but declined relief on petroleum, environmental, and building-plan complaints.

• Zoning And Land Use
• Municipal Planning By Law
• Spatial Planning And Land Use Management Act
• National Environmental Management Act
• Petroleum Products Act
• Building Regulations

Xoliswa Tini Facilities Management Services (Pty) Ltd v Minister of Public Works and Infrastructure and Others (33259/2021)

Xoliswa Tini Facilities Management Services (Pty) Ltd v Minister of Public Works and Infrastructure and Others (33259/2021) [2022] ZAGPPHC 446 (4 July 2022)

Court

North Gauteng High Court, Pretoria

Case number

33259/2021

Judge

E van der Schyff

The court found that Omarostax's bid was non-responsive because the sale agreement submitted was conditional on the award of a different tender and had lapsed, meaning no valid agreement existed at the close of bidding. Additionally, the property offered was zoned for industrial use and not for offices, and no proof of consent for office use was provided. These failures constituted non-compliance with mandatory tender requirements and zoning laws. The Bid Evaluation Committee erred in accepting Omarostax's bid as responsive. The award of the tender was therefore unlawful and stands to be set…

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• Public Procurement
• Preferential Procurement Policy Framework Act
• Zoning And Land Use
• Suspensive Conditions
• Judicial Review
• Just And Equitable Remedy

Metro Service Station (PTY) Ltd and Others v Controller of Petroleum Products and Others (D7785/2019)

Metro Service Station (PTY) Ltd and Others v Controller of Petroleum Products and Others (D7785/2019) [2022] ZAKZDHC 16 (26 January 2022)

Court

Kwazulu-Natal High Court, Durban

Case number

D7785/2019

Judge

Shapiro AJ

High Court review set aside petroleum site and retail licence approvals and the ministerial appeal decision, holding the applications were legally defective and irrational.

• Promotion Of Administrative Justice Act
• Petroleum Products Act
• Site And Retail Licensing
• Zoning And Land Use
• Review Of Administrative Action
• Economic Viability

Telkom SA SOC Limited v City of Cape Town and Another (CCT287/19)

Telkom SA SOC Limited v City of Cape Town and Another (CCT287/19) [2020] ZACC 15; 2020 (10) BCLR 1283 (CC); 2021 (1) SA 1 (CC) (25 June 2020)

Court

Constitutional Court

Case number

CCT 287/19

Judges

Jafta, Khampepe, Madlanga, Majiedt, Mathopo, Mhlantla, Theron, Victor

The Constitutional Court held that the exercise of rights under section 22 of the Electronic Communications Act is subject to compliance with municipal bylaws and policies. The Court found that municipal planning, including zoning and land use regulation, falls within the exclusive competence of municipalities under section 156(1) of the Constitution and Part B of Schedule 4. The impugned bylaw regulates land use, not telecommunications, and does not conflict with section 22 of the Act, as licensees are required to pay due regard to applicable law. The Court rejected Telkom's argument that mu…

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• Municipal Planning
• Bylaw Validity
• Electronic Communications Act
• Conflict Of Laws
• Zoning And Land Use
• Constitutional Competence