Emilel Investments (Pty) Ltd v Silvestri and Others

The Gianluca Vialli Soccer Centre was constructed and operated on the grounds of Sea Point High School, a property owned by the Western Cape Government and zoned as General Residential under the City of Cape Town zoning scheme. The centre comprised commercial five-a-side soccer pitches, floodlights and a clubhouse, and was operated by Emilel Investments (Pty) Ltd under a sublease from Victory Tickets CC, which had leased the land from the school’s governing body. Nearby property owners objected, alleging that the use contravened zoning scheme regulations promulgated under the Land Use Planning Ordinance 15 of 1985 (LUPO). No consent had been obtained from the City for non-school or commercial use. The High Court declared the use unlawful and interdicted the activities, but suspended the interdict and made no costs order. Emilel appealed against the interdict, while the neighbouring owners cross-appealed on costs.

The appeal was dismissed and the cross-appeal upheld. The operation of the Gianluca Vialli Soccer Centre and the craft market was declared unlawful. The first and fourth respondents were ordered to cease the activities immediately and to pay the applicants’ costs, including the costs of two counsel.

The case affirms the strict enforceability of zoning scheme regulations under LUPO and clarifies that historical or accrued land-use rights are narrowly construed. It confirms that schools and their governing bodies remain subject to zoning laws and cannot authorise commercial activities inconsistent with zoning under the guise of community or fundraising use. The judgment reinforces municipal control over land use and limits attempts to rely on educational or historical use to justify commercial enterprises.