ZONING: DOES ‘INFORMAL HOUSING’ CONSTITUTE ‘DWELLING HOUSES’?
Educated Risk Investments 165 (Pty) Ltd v Ekurhuleni Metropolitan Municipality (308/2015)  ZASCA 67 (20 May 2016)
This matter deals with the clash of interests between a developer of a township and the local authority who used a neighbouring (undeveloped) township for informal settlements. The Supreme Court of Appeal was asked to determine whether the informal housing constituted ‘dwelling houses’ as was prescribed by the relevant zoning scheme. It was also asked to address the question whether the local authority was obliged to comply with all the conditions of approval of the township or the sub-divisional conditions before permitting people to live there. It is a necessary read for all involved in property development.
MY HOUSE FLOODED: MUNICIPALITY’S FAULT?
Abbott v Overstrand Municipality (99/2015)  ZASCA 68 (20 May 2016)
In this matter the owner of a home on the banks of a river in Hermanus sought the review of the local authority’s refusal to take steps to prevent flood damage to his house. The issues centered around whether the municipality had a legal obligation to take such steps and whether a claim based on an alleged legitimate expectation that the municipality would take such steps, lay in the hands of the owner.