South Africa Case Law

City Of Johannesburg Metropolitan Municipality v Aisa and Another (00829/2022)

City Of Johannesburg Metropolitan Municipality v Aisa and Another (00829/2022) [2023] ZAGPJHC 1092 (28 September 2023)

Court

South Gauteng High Court, Johannesburg

Case number

00829/2022

Judge

Fisher

The court found that the use of the property for religious instruction was unlawful as it contravened the zoning scheme and statutory provisions binding both owners and users. The owner may not lease the property for prohibited purposes, and the City is entitled to interdict both owner and tenant. The technical defences of non-joinder and misjoinder raised by the second respondent did not preclude relief, as the organization’s interest was derivative and not direct or substantial. The first respondent did not oppose the application, and the second respondent’s opposition was limited to techni…

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• Zoning Scheme Enforcement
• Municipal Planning By Law
• Unlawful Land Use
• Interdictory Relief

Visagie Raymond Roelof v Kalema Holdings (Pty) Ltd (5042/2021)

Visagie Raymond Roelof v Kalema Holdings (Pty) Ltd (5042/2021) [2022] ZAFSHC 150 (19 May 2022)

Court

Free State High Court, Bloemfontein

Case number

5042/2021

Judge

Chesiwe

The court found that the First Respondent was conducting business activities on a property zoned exclusively for residential and agricultural purposes under the Bainsvlei Town Planning Scheme. The Respondent's claim of ignorance regarding the zoning was rejected, as the conditions were clear and the Respondent had a duty to ensure compliance upon purchase. The Applicants established ownership and locus standi, and the unlawful use of the property constituted sufficient injury to justify a final interdict. The court also accepted the Respondent's explanation for the late filing of the answerin…

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• Zoning Scheme Enforcement
• Final Interdict
• Condonation For Late Filing
• Locus Standi
• Municipal Regulation

City of Johannesburg v Nair and Another (4532/2020)

City of Johannesburg v Nair and Another (4532/2020) [2021] ZAGPJHC 803 (27 October 2021)

Court

South Gauteng High Court, Johannesburg

Case number

4532/2020

Judge

Oosthuizen-Senekal CSP

The court granted a final interdict stopping unlawful tavern use of a residential property, dismissed procedural objections, and ordered costs against the first respondent.

• Zoning Scheme Enforcement
• Interdict
• Municipal Land Use Powers
• Delegation Of Authority
• Zoning-enforcement
• Final-interdict

Mayfair Residents Association and Others v City of Johannesburg Metropolitan Municipality and Others (2148/2019)

Mayfair Residents Association and Others v City of Johannesburg Metropolitan Municipality and Others (2148/2019) [2021] ZAGPJHC 55 (19 May 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2148/2019

Judge

L R Adams

The High Court held that Erf 56 was zoned as public open space and could not lawfully be used for parking, storage or retail activity. It granted interdicts and nuisance relief.

• Zoning Scheme Enforcement
• Public Open Space Definition
• Municipal Powers And Duties
• Actionable Nuisance
• Statutory Interdict
• Constitutional Environmental Rights

Mayfair Residents Association and Others v City of Johannesburg and Others (2148/2019)

Mayfair Residents Association and Others v City of Johannesburg and Others (2148/2019) [2021] ZAGPJHC 148 (19 May 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2148/2019

Judge

L R Adams

The court found that Erf 56 is zoned as 'public open space' and its use by Dragon City and Anchor Projects for parking, storage, and commercial activities is unlawful under both the 1979 and 2018 Schemes. The City of Johannesburg could not lawfully consent to such use, nor could it override zoning restrictions by lease. The persistent commercial use has deprived residents of recreational space and caused unreasonable nuisance through noise, fumes, and traffic congestion. The applicants, as residents in the vicinity, are entitled to protection under the Scheme and to relief in the form of inte…

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• Zoning Scheme Enforcement
• Public Open Space Definition
• Municipal Duties
• Nuisance
• Statutory Interdict
• Interpretation Of Town Planning Schemes

Investec Property (Pty) Limited v China City Limpopo (Pty) Limited and Others (2168/2020)

Investec Property (Pty) Limited v China City Limpopo (Pty) Limited and Others (2168/2020) [2020] ZALMPPHC 35 (19 June 2020)

Court

Limpopo High Court, Polokwane

Case number

2168/2020

Judge

EM Makgoba

The court confirmed lease cancellations, interdicted unlawful retail use of zoned industrial property, ordered eviction, and compelled municipal enforcement.

• Zoning Scheme Enforcement
• Eviction
• Municipal Bylaws
• Mandamus
• Occupational Health And Safety
• Lease Cancellation

Marx and Others v Gray and Others (3632/2019)

Marx and Others v Gray and Others (3632/2019) [2020] ZAFSHC 46 (5 March 2020)

Court

Free State High Court, Bloemfontein

Case number

3632/2019

Judge

Mhlambi

The court found that the respondents were conducting a business from the premises, as evidenced by the employment of several workers and the advertising of swimming lessons. The applicants, as residents of the area, have locus standi to enforce zoning restrictions, regardless of their proximity to the property. The breach of zoning provisions constitutes sufficient injury, and no alternative remedy is reasonably available to the applicants. The respondents' arguments regarding alternative remedies and lack of standing were rejected. The application for a final interdict was justified and gran…

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• Zoning Scheme Enforcement
• Locus Standi
• Final Interdict
• Municipal Bylaws
• Spatial Planning And Land Use Management Act

Spilhaus Property Holdings (Pty) Limited and Others v MTN and Another (CCT82/18)

Spilhaus Property Holdings (Pty) Limited and Others v MTN and Another (CCT82/18) [2019] ZACC 16; 2019 (6) BCLR 772 (CC); 2019 (4) SA 406 (CC) (24 April 2019)

Court

Constitutional Court

Case number

CCT82/18

Judges

Cameron, Froneman, Jafta, Ledwaba, Madlanga, Mhlantla, Nicholls, Theron

The Constitutional Court held that section 41 of the Sectional Titles Act does not deprive individual sectional title owners of standing to enforce zoning scheme regulations applicable to common property. The applicants' cause of action arose from their status as property owners in whose interest the zoning scheme was enacted, not from the Act itself. The right to enforce the zoning scheme is a self-standing right under common law, and section 41 only regulates proceedings brought on behalf of the body corporate, not individual claims. The Supreme Court of Appeal erred in interpreting section…

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• Locus Standi
• Sectional Titles Act
• Access To Court
• Zoning Scheme Enforcement
• Mandatory Interdict
• Bill Of Rights Limitation

Ekurhuleni Metropolitan Municipality v Christensen and Another (44684/16)

Ekurhuleni Metropolitan Municipality v Christensen and Another (44684/16) [2018] ZAGPJHC 701 (16 November 2018)

Court

South Gauteng High Court, Johannesburg

Case number

44684/16

Judge

E Van der Schyff

The High Court held that the municipality made out a case to stop unlawful boarding-house use of residentially zoned property, but refused vague restoration relief.

• Zoning Scheme Enforcement
• Municipal Land Use Regulation
• Boarding House Definition
• Interdict
• Locus Standi
• Founding Affidavit Requirements

Hansen NO and Others v Woldegzibhere Trading as Yitbalek Trading Enterprise and Jobela 1000 Tavern and Others (306/2018)

Hansen NO and Others v Woldegzibhere Trading as Yitbalek Trading Enterprise and Jobela 1000 Tavern and Others (306/2018) [2018] ZAECGHC 76 (28 August 2018)

Court

Eastern Cape High Court, Grahamstown

Case number

306/2018

Judge

J.D. Pickering

The High Court refused leave to file further affidavits, finding the proposed zoning evidence fraudulent and untimely, and ordered punitive costs.

• Zoning Scheme Enforcement
• Fraudulent Documentation
• Interdict
• Admission Of Further Affidavits
• Nuisance
• Zoning-scheme-enforcement