City seeks back-dated interdict in precedent-setting case
The City of Johannesburg is set to clamp down on developers and builders who build without approved plans and approvals. In what The Star reports is to believed to be a serious precedent, the city is in the processing a back-dated interdict against a development company, Balwin Properties (Pty) Ltd, for the illegal construction of some 1 000 units in Crawthorne.
When Balwin started building without approvals in place, the city ordered it to cease construction. Although the company agreed to the order, it continued building.
The report says Balwin has no approvals from the city; the registered objectors have not been given a hearing before the tribunal; and the council has not given any permissions. However, the buildings are already at third-storey levels.
Balwin claims in papers that all the objections have been withdrawn.
However, various residents’ associations – which have objected – maintain their objections are still in place. In another twist, it appears Balwin got a section 7(6) allowing building to start, which – according to a highly-placed source at the city – was issued irregularly, and is now being investigated. The original land application is still under evaluation rendering construction totally illegal. In any case, the 7 (6) certificate only lasts three months which has long expired.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.





