South Africa Case Law

Lind and Another v Trustees for the of the time being of The Indigo Trust (T3685/96) and Another (10072/2020; 6800/2021)

Lind and Another v Trustees for the of the time being of The Indigo Trust (T3685/96) and Another (10072/2020; 6800/2021) [2021] ZAWCHC 97 (18 May 2021)

Court

Western Cape High Court, Cape Town

Case number

10072/2020; 6800/2021

Judge

Binns-Ward

The court reviewed and set aside Cape Town’s approval of building plans for Erf 251 Sea Point East, finding the scheme was misapplied. The contempt application failed.

• Building Regulations Act
• Municipal Planning By Law
• Judicial Review
• Unreasonable Delay
• Zoning Scheme Compliance
• Contempt Of Court

Levinthal N.O and Others v City of Cape Town Municipality and Another (21199/13)

Levinthal N.O and Others v City of Cape Town Municipality and Another (21199/13) [2015] ZAWCHC 210 (28 October 2015)

Court

Western Cape High Court, Cape Town

Case number

21199/13

Judge

N P Boqwana

Costs judgment after withdrawal of a PAJA review over building plan approval. The court held the applicants must pay the second respondent’s costs, including expert preparation fees.

• Promotion Of Administrative Justice Act
• Building Regulations
• Zoning Scheme Compliance
• Withdrawal And Costs
• Condonation
• Expert Witness Costs

Levinthal N.O and Others v City of Cape Town Municipality and Another (21199/13)

Levinthal N.O and Others v City of Cape Town Municipality and Another (21199/13) [2015] ZAWCHC 157 (28 October 2015)

Court

Western Cape High Court, Cape Town

Case number

21199/13

Judge

N P Boqwana

The court held that the applicants, having withdrawn their review application without demonstrating exceptional circumstances, are liable for the second respondent's costs. The general rule is that a withdrawing party stands in the position of an unsuccessful litigant and must pay the costs incurred by the opposing party. The applicants failed to institute review proceedings within the statutory period prescribed by PAJA and did not seek condonation or provide a reasonable explanation for the delay. The merits of the review application, even if considered, did not support the applicants' case…

Source excerpt

• Promotion Of Administrative Justice Act
• Judicial Review
• Building Regulations
• Costs On Withdrawal
• Condonation
• Zoning Scheme Compliance

Ethekwini Municipality v Alderwood Trading 61 CC (6244/2010)

Ethekwini Municipality v Alderwood Trading 61 CC (6244/2010) [2011] ZAKZDHC 13 (4 March 2011)

Court

Kwazulu-Natal High Court, Durban

Case number

6244/2010

Judge

K. Swain

The court dismissed the municipality’s bid to enforce planning conditions after holding that the underlying office-use permission had lapsed and the conditions lapsed with it.

• Town Planning Appeals
• Enforcement Of Conditions
• Zoning Scheme Compliance
• Town-planning-appeals
• Zoning-compliance
• Planning-conditions

Body Corporate Wale Street Chambers v Kuhn and Another (5983/2007)

Body Corporate Wale Street Chambers v Kuhn and Another (5983/2007) [2008] ZAWCHC 182 (23 April 2008)

Court

Western Cape High Court, Cape Town

Case number

5983/2007

Judge

Davis

The court interdicted a sectional-title owner from running welding and metalwork from an office block, and from tampering with access controls.

• Sectional Title Scheme Rules
• Nuisance
• Interdict
• Security Access Control
• Zoning Scheme Compliance
• Sectional-title-scheme-rules