The Supreme Court of Appeal considered an application for leave to appeal about a final interdict involving land use, a servitude pipeline, and alleged unlawful activities on portion 93 of the Farm Doornbult 624 in Polokwane. The court said the applicants had shown a clear right, but had not established harm or a reasonable apprehension of harm from the alleged contraventions of legislation, and dismissed the application for leave to appeal with costs.
This appears to concern final interdict requirements, land use and planning issues, and alleged statutory contraventions in a municipal context.
Evidence from source
Summary: Final interdict – requirements – Contravention of legislation – whether such contravention sufficient to secure a final interdict – need by applicant to establish, by evidence, a causal nexus between the contravention of legislatio
Supports: case subject and the need for a causal nexus between alleged contraventions and harm
The application for leave to appeal is dismissed.
Supports: the outcome
The contravention of the legislation (if any) did not, without more, amount to harm to the applicants’ rights nor could the applicants reasonably have apprehended that such contravention would harm their rights in respect of which they soug
Supports: reason for dismissal