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Development Law Update | Issue 01 – 2020 (part 2)

DEVELOPMENT APPLICATIONS LODGED WITH THE TRIBUNAL UNDER THE DEVELOPMENT FACILITATION ACT: ARE THEY “PENDING APPLICATIONS” FOR SPLUMA? Dykema v Malebane and Another (CCT332/18) [2019] ZACC 33; 2019 (11) BCLR 1299 (CC) (10 September 2019) The Constitutional Court’s 2010 decision in City

Development law update | Issue 01 – 2020 (part1)

We have been contacted by several clients (employers and contractors) to advise them of their rights in terms of existing construction contracts in light of Covid-19 and the lockdown. A typical example of an enquiry is as follows: A construction

Development Law Update | Issue 1 – 2018

ZERO-RATING THE SUPPLY OF LOW INCOME HOUSING: WHICH PROJECTS ARE EXCLUDED FROM THIS RATING? Commissioner for the South African Revenue Services v Amawele Joint Venture CC (908/2017) [2018] ZASCA 115 (19 September 2018) In September this year, the Supreme Court

Development Law Update | STBB’S Stoffel Ackermann to speak at the prestigious SCLAfrica International Conference in November

The Society of Construction Law for Africa (SCLAfrica) is hosting its 2018 international conference in Johannesburg on 20 and 21 November. The SCLA brings together experts in construction law and dispute resolution from across the globe. STBB is proud to

Trends in African Infrastructure

As many African states emerged at the end of the millennium from decades of crippling post-colonial civil wars and entered into a new period of relative stability, they faced a staggering infrastructure deficit. Africa is the second largest continent by

Development Law Update | Issue 2 – 2016

TOTAL OR PARTIAL DEMOLITION OF ILLEGAL CONSTRUCTION: SCA CAUSES CONFUSION BSB International Link CC v Readam South Africa (Pty) Limited Recently in Lester v Ndlambe Municipality and another, the Supreme Court of Appeal held that a court hearing an application in

Development Law Update | Issue 1 – 2016

REDUCED RATES FOR HOA BECAUSE IT MAINTAINS ITS OWN INFRASTRUCTURE? Blair Atholl Homeowners Association v The City of Tshwane Metropolitan Municipality (20634/2014) [2015] ZASCA 195 (1 December 2015) The Housing Consumers Protection Measures Act requires that home builders must be

Development Law Update | Issue 2 – 2015

Demolish 5 of 9 Storeys Aboobaker N.O and Others v Serengeti Rise Body Corporate and Another (12052/2014) If a local authority and developer do not follow required notification procedures where a rezoning application is considered and subsequently building plans aligned

Development Law Update | Issue 1 – 2015

New Beginnings: SPLUMA and LUPA Spatial Planning and Land Use Management Act of 2013 Western Cape Land Use Planning Act of 2014 (link to be provided The Spatial Planning and Land Use Management Act of 2013 (SPLUMA) and Western Cape