Tembu Convenience Centre CC & another v City of Johannesburg & others

The first appellant operated a service station at the intersection of Mooki Street and the Soweto Highway in Johannesburg. During 2008–2009, the City of Johannesburg introduced the Rea Vaya bus rapid transit system and constructed dedicated bus lanes in Mooki Street. Although the total number of traffic lanes remained unchanged, one lane in each direction was reserved exclusively for buses, separated from mixed traffic by barriers and a median island. As a result, vehicles travelling west on Mooki Street or entering from certain side streets could no longer turn directly right across traffic to access the service station, and instead had to travel approximately 500 metres further to use a traffic circle. The appellants claimed damages under s 67(4) of the Local Government Ordinance 17 of 1939 (Gauteng), alleging that the road works constituted a partial closure of Mooki Street. The High Court dismissed the claim, and the appellants appealed to the Supreme Court of Appeal.

The appeal was dismissed, and the dismissal of the appellants’ damages claim under s 67(4) of the Local Government Ordinance was confirmed.

The case clarifies the interpretation of 'partial closure' of a street under s 67 of the Local Government Ordinance 17 of 1939. It confirms that traffic management measures, including the creation of dedicated bus lanes, do not constitute a compensable street closure merely because they restrict certain traffic movements or affect access to adjacent properties. The decision is significant for municipalities implementing public transport and traffic regulation schemes without incurring liability for statutory damages.