Important decision in building procedure approval

In eThekwini Municipality v Tsogo Sun KwaZulu-Natal [2007] SCA 38 (RSA), Tsogo Sun, the owner of the Suncoast Casino on Durban’s beachfront, had applied for approval for the construction of a multi-level car park as part of its casino complex, but the municipality had not responded to the application. When Tsogo Sun threatened to make an application to court under the Act to compel the municipality to make a decision, the municipality replied to the effect that the plans did not comply with the current Integrated Development Plan for Durban and therefore could not be considered. The municipality tendered return of the plans, noting that they could be resubmitted if they were suitably amended or if the necessary changes to the IDP were made. Despite this reply, Tsogo Sun went ahead and obtained the threatened order in the Durban High Court. The Supreme Court of Appeal later set it aside, holding that the municipality’s reply had been ‘unambiguous’ and had constituted a refusal to approve the application rather than an avoidance of the issue. It had therefore not been open to Tsogo Sun to approach the court as it had. Download the judgment Visit the EnAct International Web site