City of Johannesburg v Cantina Tequila and Another

The City of Johannesburg sought to interdict Cantina Tequila and Bowlweb Investments CC from operating a restaurant and bar on Erf 1918 Witkoppen Extension 85, Fourways. The property was zoned "Special" under the Sandton Town Planning Scheme, which listed specific primary use rights, including hotels, but did not list restaurants or bars. The respondents operated a stand‑alone restaurant and bar and had also erected a corrugated iron structure enclosing an outside patio without municipal approval. The High Court dismissed the City’s application, finding that because hotels commonly include restaurants and bars, the scheme permitted such uses. The City appealed to the Supreme Court of Appeal.

The appeal was upheld with costs. The High Court order was set aside and replaced with an order interdicting the respondents from using the property as a restaurant or bar, directing them to demolish the unauthorised corrugated iron structure, authorising the sheriff to demolish it if they failed to comply, and ordering the respondents to pay all associated costs.

The case affirms a strict approach to the interpretation of town‑planning schemes and reinforces the principle that courts may not extend or modify clearly defined land‑use rights based on assumptions about ancillary uses or perceived policy anomalies. It underscores municipal authority in land‑use control and clarifies that informal or non‑binding municipal communications do not constitute consent.