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Cited in support of the Wolwerivier structures being suitable within the City's available resources.
Applied for the principle that emergency accommodation will fall short of standards expected of permanent housing and occupiers must accept less than what…
Followed for the principle that the State is constitutionally obliged to provide relief for people in intolerable conditions or crisis situations and for the…
Cited for the principle that it is exclusively the government's executive function to determine how public resources are to be drawn upon and re-ordered.
Authority for mootness principles and when it is not in the interests of justice to decide moot matters.
Applied to confirm that the doctrine of legitimate expectation is limited to procedural rights and that the inquiry for determining the existence of a…
Cited in relation to the importance of compliance with mandatory and material procedural requirements.
Cited on the interpretation of section 4(1) of the Building Standards Act and the requirement that plans comply with the Act and applicable legislation.
Applied for the principle that even when parties consent to an eviction order, judicial officers have a duty to conduct an enquiry under PIE because of the…
Followed for the principle that government has a constitutional duty to provide emergency housing to persons in crisis situations and that emergency…
Cited for the proposition that historical spatial planning policies in Cape Town were based on racial discrimination and preference.
Cited for the principle that interpretation of legislation constitutes a constitutional issue.
Applied for the principle that a litigant need not specify a statutory provision as long as the facts alleged show the section is relevant and operative.
Cited for the principle that our law does not as a general entitlement recognise the protection of value in a property by imposing restrictions on lawful use…
Cited for the two-stage enquiry when developing the common law under s 39(2) of the Constitution: first, whether existing common law should be developed, and…
Court applies the interpretation of section 7(1)(b)(ii)(ccc) of the Building Act and the requirement for an adequate recommendation by the building control…
The court considers Walele's holding that where a decision-maker must be satisfied, they must show the subjective opinion relied upon was based on reasonable…
This is the judgment under appeal; the SCA dismissed the City's application for leave to appeal and upheld the high court's finding of liability.
The Court cites this case for a court order contemplating removal of unoccupied structures.
Applied for the principle regarding local government autonomy within its constitutional sphere.
Followed for the principle that emergency accommodation will invariably fall short of standards expected of permanent housing, and those occupying emergency…
Cited for the proposition that the application was aimed at the exercise by the City of its constitutional powers to impose rates on property in terms of…
Cited for the principle that a municipality's power to impose taxes is an original legislative power stemming from the Constitution and is not administrative…
Court notes this case concerns improper identification of respondents rather than linkage to unlawful conduct.
Cited for the principle that one of conditional applications (for leave to appeal) should be made conditional as is practice.
The court applies principles regarding the definition of administrative action under PAJA.
Cited for the principle that the Labour Appeal Court is a specialised appellate court charged with developing labour jurisprudence, and courts should defer to…
Cited in support of the principles on wrongful omissions.
Cited to support the decision to order each party to pay its own costs in this Court where a constitutional issue of considerable import was raised.
Applied for the principles that when approving building plans a local authority exercises administrative action and that objectors to planning permission have…
The High Court in De Bruin held that a clause identical to clause 28 was contrary to public policy and unconstitutional to the extent it allowed cancellation…
Cited by the applicant in support of the argument that the adverse costs order must be set aside.
Cited for the principle that it is generally preferable for a litigant to exhaust all appeal remedies and not to by-pass the Supreme Court of Appeal.
Cited for a purposive approach to section 3 of PAJA, emphasising generous interpretation to give proper effect to section 33(1) of the Constitution.
Referenced as a conflicting Labour Court decision that answered in the affirmative whether affirmative action can found a cause of action under the EEA.
This case was argued together with the present appeal and directly determines the outcome of this appeal, providing the reasoning for the court's conclusion…
The full court cited Walele to emphasize that the Building Standards Act must be interpreted to promote the spirit and purport of the Bill of Rights in order…
Cited for general propositions on the purpose of zoning schemes under LUPO.
The Constitutional Court granted leave to appeal on the LUPO issue but dismissed the appeal on the merits. The Court confirmed that LUPO applies to land used…
Cited to reinforce the constitutional status of local government councils as deliberative assemblies with legislative and executive powers.
Cited for the principle that a court may not raise issues that were not raised by the parties in review proceedings.
The court considers this case which was referred to with approval in City of Johannesburg v Dladla regarding the recognition that emergency accommodation by…
A similar case heard together with the present matter, addressing the same issue of MPRDA and LUPO interaction; the reasons for dismissing the appeal in that…
Cited for the proposition that the Constitution has moved away from a hierarchical division of governmental power and municipalities enjoy original and…
Cited as an example of administrative action comprising two decisions taken sequentially by different functionaries; recommendation is to furnish the…
The court distinguished this case where default judgment was granted in a delictual claim, noting that an affidavit was before the court in that case.
Cited for the principle that the respondent owed a legal duty to care for the appellant and her baby.
Court follows the interpretation that a local authority may only approve a building plan if satisfied that the application complies with the Act and any other…
Cited at pages 1266-1267 to support the state's duty to protect constitutional rights from interference by private parties.
Cited as example of interpretation and application of legislation enacted to give effect to constitutional right raising constitutional issue
Applied for the principle that the appointment of a municipal manager cannot be delegated by a municipal council to the executive mayor.
Applied for the finding that the approval of building plans does not by itself materially and adversely affect objectors' rights for purposes of s 3 of PAJA…
Cited to confirm that the approach in Modderfontein has been approved.
The court applies the characterisation in Walele of a jurisdictional recommendation by a specialist body to the decision-maker as analogous to the Board's…
The court cites Dudley for the proposition that the Labour Appeal Court is a specialised appellate court charged with overseeing the ongoing interpretation of…
Cited to support the proposition that if a municipality has delegated its power to impose rates, its conduct might be declared invalid in terms of s 172(1)(a)…
Cited for the proposition that a decision on whether the other party would suffer prejudice cannot be made only when evidence has been placed before the court.
Cited in support of the principle that the imposition and payment of rates falls within a municipality's competence.
Court cites Rudolph for the proposition that a structural interdict is 'something more' than a mere declaratory relief.
Cited as an example of state parties' non-compliance with court orders.
Cited at paragraph 60 to establish that municipalities' powers are constitutionally recognised and protected, and at paragraph 46 to note the assignment of the…
The Court applies the principle that referring to someone as associated with Verwoerd constitutes a racial slur, citing the LAC's holding that right-minded…
Cited in relation to the significant effect of the revaluation of properties on rates.
Applied for the approach to unfair discrimination following Harksen and the methodology for determining discrimination cases under the EEA.
The Court cites this case for the proposition that it can consider issues arising from orders other than those dealing with the declaration of constitutional…
Cited for the principle that the question was whether the City's blanket ban on employment of diabetics as fire-fighters amounts to unfair discrimination,…
Cited at paragraph 60 regarding the enhanced constitutional status and competence of municipalities to derive power directly from the Constitution.