City of Ekurhuleni Metropolitan Municipality v Tshepo Gugu Trading CC and Another

Tshepo Gugu Trading CC erected a large billboard on municipal land owned by the City of Ekurhuleni without complying with the municipality’s outdoor advertising by-laws. After litigation, the parties concluded a settlement agreement made an order of court in 2018, allowing the respondent an opportunity to regularise the billboard subject to strict compliance with the by-laws, including payment of prescribed fees and rental. The agreement operated for two years. The respondent submitted a regularisation application but failed to pay the prescribed fees, failed to pay rental, and failed to provide income statements as required. After repeated warnings, and once the settlement agreement had effectively lapsed, the municipality dismantled and removed the billboard in August 2020 relying on the court order. The respondent brought an urgent mandament van spolie application, alleging unlawful dispossession. The High Court refused spoliation relief, but the Full Court ordered restoration. The municipality sought special leave to appeal to the Supreme Court of Appeal.

Special leave to appeal was granted. The appeal was upheld with costs, including the costs of two counsel. The Full Court’s order was set aside and replaced with an order dismissing the appeal with costs.

The judgment reaffirms that the mandament van spolie is unavailable where dispossession is lawful, particularly where a municipality acts under a valid court order and in compliance with statutory by-laws. It underscores that spoliation cannot be used to protect ongoing illegality and clarifies the limits of self-help where prior judicial authorisation exists, especially in the context of municipal regulation and land use enforcement.