Polokwane Municipality v Double Four Properties and Another; Broadlands Home Owners Association NPC v Double Four Properties and Another

Double Four Properties (Pty) Ltd owned an office park in Polokwane whose sewerage system had historically been connected to the sewer system of the adjacent Broadlands residential estate, managed by Broadlands Home Owners Association NPC. The connection arose because of technical difficulties in connecting directly to the Polokwane Municipality’s sewer system, despite approved building plans allowing such a direct connection. After disputes arose regarding fees and alleged unlawful use and encroachment, Broadlands disconnected the sewer link. Double Four sought interim relief in the High Court compelling the Municipality to provide a sewer connection and requiring Broadlands to reconnect the sewer system pending a final action. Broadlands counter-applied for removal of alleged encroachments. The High Court (full bench) granted interim relief to Double Four and referred the encroachment dispute to evidence on compensation. The Municipality and Broadlands applied to the Supreme Court of Appeal for special leave to appeal.

Both applications for special leave to appeal (case nos 879/2022 and 913/2022) were dismissed with costs, including the costs of two counsel where employed.

The case reaffirms South African principles governing the appealability of interim and interlocutory orders, particularly in the Supreme Court of Appeal. It confirms the continued application of the Zweni test, read with the interests of justice, and underscores the high threshold for special leave to appeal. The judgment also illustrates judicial restraint against piecemeal appeals and clarifies that interim equitable arrangements by High Courts are generally not appealable.