Hassan Walele v City of Cape Town and Others

The applicant, Mr Hassan Walele, owned property adjoining erf 168217 in Walmer Estate, Cape Town. The neighbouring property was owned by the second to fifth respondents, who applied to the City of Cape Town for approval of building plans to erect a four-storey block of flats. The plans were processed internally by various municipal departments, all of which recorded ‘no objection’. The Building Control Officer endorsed the plans as ‘recommended’ under section 6(1)(a) of the National Building Regulations and Building Standards Act 103 of 1977. An authorised City official approved the plans on 28 July 2006. The applicant was not notified prior to approval and only became aware once construction commenced. He contended that the building would devalue his property and sought reasons and documentation from the City. Dissatisfied, he instituted review proceedings in the Cape High Court under PAJA, challenging the approval on grounds including lack of authority, failure to afford him a hearing, and non-compliance with statutory requirements. The High Court dismissed the application, and leave to appeal was refused. The applicant then sought leave to appeal to the Constitutional Court.

Leave to appeal to the Constitutional Court was granted.

This case is significant for clarifying that challenges to municipal approval of building plans under PAJA raise constitutional issues within the Constitutional Court’s jurisdiction. It addresses procedural fairness in land-use and building plan approvals, the role of neighbours’ interests, and the interaction between PAJA and internal municipal remedies. The judgment underscores the constitutional dimension of administrative-law review in local government decision-making.