Jurnic Properties Close Corporation and Another v Victor Khanye Local Municipality and Others

The applicants, Jurnic Properties CC and July Motors CC, own and operate a filling station and related businesses in Delmas, Mpumalanga. A municipal property situated approximately 95 metres from their business was sold by the Victor Khanye Local Municipality to the third respondent, Dalamay Properties (Pty) Ltd. The municipality also approved the rezoning of the property from ‘Agricultural’ to ‘Mixed Land Use’ and the Mpumalanga Department of Agriculture, Rural Development, Land and Environmental Affairs granted environmental authorisation for the establishment of a new filling station on the property. The applicants alleged that these decisions were taken without compliance with mandatory statutory procedures under municipal finance, planning, and environmental legislation, and without affording them notice or an opportunity to object. They launched a PAJA review application in June 2021. The High Court dismissed the application on preliminary grounds, finding that the applicants lacked locus standi and had unreasonably delayed in instituting the review. The applicants sought leave to appeal to the Supreme Court of Appeal.

Leave to appeal was granted. The appeal was upheld with costs. The High Court’s order was set aside and replaced with an order dismissing the points in limine raised by the third and fourth respondents. The matter was remitted to the Mpumalanga Division of the High Court, Middelburg, for determination of the review application on its merits.

This judgment clarifies and reinforces the constitutional approach to own-interest standing under s 38 of the Constitution in administrative law matters, particularly where economic interests and public accountability intersect. It confirms that proximity, direct commercial impact, and participation rights in administrative processes can establish locus standi. The case also provides authoritative guidance on unreasonable delay under PAJA, emphasising that the 180-day period only begins once an applicant is aware of both the administrative action and the reasons for it. It underscores the obligation of organs of state to furnish reasons for administrative decisions.