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South Africa decisions
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Swart v Bergh N.O and Others (A79/2020) [2022] ZAFSHC 64 (25 March 2022)
Appeal over lease unlawfulness allowed. The High Court found the zoning-based business lease illegal and unenforceable, granted condonation, and dismissed the claims with costs.
Intercape Ferreira Mainliner (Pty) Ltd and Others v Minister of Home Affairs and Others (20952/08) [2009] ZAWCHC 100; 2010 (5) SA 367 (WCC) (24 June 2009)
The court found that the Department of Home Affairs is bound by the Land Use Planning Ordinance and the applicable zoning scheme. The consent use granted by the City in 2000 did not authorise the operation of a refugee reception centre, and conditions relating to parking and building plans were not complied with. The Department's activities resulted in an unreasonable interference with neighbouring businesses, amounting to a common law nuisance. The court held that the Department's statutory obligations under the Refugees Act do not justify unlawful conduct. The applicants were entitled to re…
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