Ubuhlebezwe Municipality v Ramsunder

Mr Hiralall Ramsunder had occupied Erf 1, Stuarts Town, Ixopo since 1996, initially under a lease from Transnet and later from Ubuhlebezwe Municipality, which acquired ownership in 2000. Over time, and with municipal approval, he demolished old structures and erected new buildings in accordance with approved plans to operate various businesses. In 2004, a sale agreement was concluded for him to purchase the property, but the municipality later purported to cancel the sale, leading to protracted litigation over transfer, eviction, and enrichment claims. During the July 2021 civil unrest, the buildings were damaged. To mitigate losses and resume business, Ramsunder undertook remedial construction strictly in accordance with previously approved plans. The municipality sought a final interdict to stop the remedial works, alleging that new municipal approval was required under s 4(1) of the National Building Regulations and Building Standards Act 103 of 1977.

The appeal was dismissed with costs.

The case clarifies the interpretation of s 4(1) of the National Building Regulations and Building Standards Act, confirming that municipalities cannot insist on new approvals for remedial construction where identical plans were previously approved and remain compliant. It reinforces a purposive, sensible approach to statutory interpretation and limits the use of interdicts by municipalities in circumstances suggesting ulterior motives.