South Africa Case Law

Telkom SA Soc Ltd v Kalu NO and Another (10354/2017)

Telkom SA Soc Ltd v Kalu NO and Another (10354/2017) [2018] ZAWCHC 53 (10 May 2018)

Court

Western Cape High Court, Cape Town

Case number

10354/2017

Judge

Andrews AJ

The court held that the City of Cape Town's Municipal Planning By-laws, Zoning Scheme Regulations, and Telecommunications Mast Infrastructure Policy do not conflict with Section 22 of the Electronic Communications Act. Municipalities have exclusive legislative competence over municipal planning, including zoning and land use, even for purposes that affect national interests such as telecommunications. Section 22 of the ECA does not exempt licensees from complying with municipal zoning or building regulations; rather, it requires due regard to applicable law. The By-law and Mast Policy are val…

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• Municipal Planning
• Conflict Of Laws
• Electronic Communications Act
• Zoning Regulations
• Building Plan Approval
• Constitutional Competence

King Country Investment (Pty) Ltd v Cape Town Ziplines (Pty) Ltd and Others (6661/16)

King Country Investment (Pty) Ltd v Cape Town Ziplines (Pty) Ltd and Others (6661/16) [2016] ZAWCHC 126 (23 September 2016)

Court

Western Cape High Court, Cape Town

Case number

6661/16

Judge

Rogers

The High Court declared a zipline operation unlawful under zoning rules and granted a final interdict, with a short delay before it took effect.

• Zoning Regulations
• Municipal Planning By Law
• Tourist Facilities Consent Use
• Noise Nuisance
• Final Interdict
• Alternative Remedy

Jacobs N.O and Others v Breede Vallei Munisipaliteit (A520/2014)

Jacobs N.O and Others v Breede Vallei Munisipaliteit (A520/2014) [2016] ZAWCHC 86 (24 June 2016)

Court

Western Cape High Court, Cape Town

Case number

A520/2014

Judges

Riley, Le Grange

The court held that making mushroom substrate on Agricultural Zone 1 land was part of bona fide farming and not a prohibited composting activity. The appeal succeeded.

• Zoning Regulations
• Interpretation Of Town Planning Schemes
• Agricultural Activities
• Final Interdict
• Statutory Duties Of Municipalities
• Zoning-regulations

Stellenbosch Municipality v Adams and Another (19245/2011)

Stellenbosch Municipality v Adams and Another (19245/2011) [2011] ZAWCHC 557 (2 December 2011)

Court

Western Cape High Court, Cape Town

Case number

19245/2011

Judge

Van Staden

The court found that, given the applicant's lack of action for over twenty years and the unresolved legal uncertainties regarding the zoning regulations, the nature of the respondents' application, and the potential conflict between provincial planning and national liquor legislation, it would not be just or equitable to grant an urgent interdict at this stage. The application for an interdict was therefore postponed to allow the review application to be heard, with costs reserved for later determination.

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• Zoning Regulations
• Consent Use
• Liquor Licensing
• Municipal Planning
• Review Of Administrative Action

Burger and Others v Brown and Others (17204/2011)

Burger and Others v Brown and Others (17204/2011) [2011] ZAWCHC 468 (12 September 2011)

Court

Western Cape High Court, Cape Town

Case number

17204/2011

Judge

Dlodlo

The court ordered the City of Cape Town to produce additional Rule 53 review-record documents about Millrow development approvals and prior applications.

• Building Standards Act Review
• Discovery Under Rule 53
• Legitimate Expectation
• Group Housing Scheme
• Zoning Regulations
• Access To Information

Standard Bank of South Africa Ltd v Swartland Municipality and Others (11525/2009)

Standard Bank of South Africa Ltd v Swartland Municipality and Others (11525/2009) [2010] ZAWCHC 103 (31 May 2010)

Court

Western Cape High Court, Cape Town

Case number

11525/2009

Judge

E Moosa

The court dismissed Standard Bank’s bid to stop or set aside a demolition order for unlawful structures, finding it had only an indirect financial interest.

• Joinder Of Parties
• Mortgage Bond Rights
• Demolition Order
• Interdict Requirements
• Zoning Regulations
• Demolition-order

Victoria Park Ratepayers' Association v Greyvenouw CC and others (511/03)

Victoria Park Ratepayers' Association v Greyvenouw CC and others (511/03) [2003] ZAECHC 19; [2004] 3 All SA 623 (SE) (11 April 2003)

Court

High Courts - Eastern Cape

Case number

511/03

Judge

Plasket

The court found that the respondents had knowledge of the order of 21 February 2003 and wilfully disobeyed it by continuing to use erf 1882 for business purposes and failing to abate the noise nuisance on erf 1883. The evidence presented by the applicant, including monitoring reports, complaints, and expert testimony, established contempt beyond reasonable doubt. The respondents' explanations were rejected as disingenuous and lacking detail, failing to rebut the inference of wilfulness and bad faith. The urgency of the application was justified by the ongoing nature of the contempt and the pu…

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• Contempt Of Court
• Zoning Regulations
• Noise Nuisance
• Urgent Interdict
• Municipal Enforcement
• Attorney And Client Costs