Gravett v Siyavuya Power Projects (Pty) Ltd and Another

The applicant and first respondent own neighbouring properties in Meisies Halt, Gonubie, subject to restrictive title deed conditions limiting use to residential and agricultural purposes. The first respondent, Siyavuya Power Projects (Pty) Ltd, used its property as an operational base and storage depot for vehicles, machinery, equipment and materials connected to the construction of a 400kV powerline project. The Buffalo City Metropolitan Municipality inspected the property and issued a cease-and-desist letter confirming that the use as an office and depot was unlawful under the applicable zoning scheme and title deed conditions. Despite this, the respondent continued operations and applied for a temporary departure from the zoning and title deed restrictions, which application was still pending. The applicant sought a final interdict restraining the unlawful land use.

A final interdict was granted restraining the respondent from using the property in contravention of the title deed and zoning restrictions, with the operation of the interdict suspended until 20 December 2024 to allow completion of the powerline project.

The judgment reaffirms the primacy of the rule of law in land-use planning, confirming that zoning and title deed restrictions remain enforceable despite pending applications for departure and despite reliance on constitutional service-delivery obligations. It strengthens the rights of neighbouring landowners to enforce zoning compliance through interdicts without proving actual harm.