CCT64/07

[2008] ZACC 11

2008 (6) SA 129 (CC)

Jafta AJ Majority judgment

O'Regan ADCJ separate judgment

13 June 2008

http://hdl.handle.net/20.500.12144/3390

Application for leave to appeal against the judgment of the Cape High Court dismissing an application brought by the applicant for an order reviewing and setting aside a decision of the first respondent in terms of which the City approved the building plans submitted to it by the second respondent, on behalf of the second to fifth respondents (the respondents). The Cape High Court judgment is: Chairperson of the Walmer Estate Residents' Community Forum and Another v City of Cape Town and Others Case No 10695/2006 Cape High Court, 20 March 2007, unreported.

Application for leave to appeal against an order of the Cape High Court, which dismissed the applicant's application to review the City of Cape Town's decision to approve building plans for a four-storey block of flats on a property which adjoined that of the applicant. The majority of the Court held that the City had failed to comply with mandatory procedural requirements in the Bulidng Standards Act 103 of 1977, read with the Promotion of Administrative Justice Act 3 of 2000. The majority held that the decision-maker had not independently applied its mind to the decision. Leave to appeal was granted, and the matter was remitted to the City for reconsideration. The minority held that the City had complied with the legislative requirements, and that the decision-maker had properly applied his mind to the matter. Majority: Jafta AJ (Madala J, Mokgoro J, Ngcobo J, Nkabinde J and Skweyiya J concurring). Minority: O?Regan J (Langa CJ, Kroon AJ, Van der Westhuizen J and Yacoob J concurring).