Serengeti Rise Industries (Pty) Ltd and Another v Aboobaker NO and Others

Serengeti Rise Industries (Pty) Ltd acquired property at 317 Currie Road, Durban, in 2009. In 2010 the eThekwini Municipality approved building plans for a four-storey residential development under General Residential 1 (GR1) zoning. While construction was underway, the Municipality approved a rezoning to General Residential 5 (GR5) in December 2011, despite objections from neighbouring property owners. In March 2014, deviation building plans for a nine-storey development were approved. By late 2014, a six- to seven-storey structure had been erected. Neighbouring owners and bodies corporate launched review proceedings seeking to set aside the rezoning and plan approvals and to obtain a just and equitable remedy. The High Court found the municipal decisions unlawful and granted a demolition order for the portion of the building exceeding GR1 zoning, without formally setting aside the approvals. Serengeti and the Municipality appealed.

The appeal was upheld with costs, including the costs of two counsel. The High Court order was set aside and replaced with an order dismissing the application with costs.

The case clarifies that courts may not grant consequential remedies such as demolition without first setting aside unlawful administrative decisions. It underscores that invalidity does not automatically require demolition and that courts must carefully exercise discretion to craft clear, proportionate, and just and equitable remedies under the Constitution and PAJA. The judgment reinforces principles from Oudekraal and AllPay regarding the continued effect of administrative acts until set aside and the flexible nature of constitutional remedies.