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When certainty and legality collide: The efficacy of interdictory relief for the cessation of building works pending review proceedings

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dc.contributor.author Summers, R
dc.date.accessioned 2011-04-04T06:56:18Z
dc.date.available 2011-04-04T06:56:18Z
dc.date.issued 2010
dc.identifier.citation Summers, R. 2010. When certainty and legality collide: The efficacy of interdictory relief for the cessation of building works pending review proceedings. Potchefstroom electronic law journal (PELJ) = Potchefstroomse elektroniese regsblad (PER), 13(5):161-189 [http://www.nwu.ac.za/p-per/index.html] en
dc.identifier.issn 1727-3781
dc.identifier.uri http://hdl.handle.net/10394/4075
dc.description.abstract Effective legal redress against unlawful building works or construction activities can be an elusive target. Given the desirability of legal certainty attached to administrative decisions in terms of which building plans are approved, should the practical implications of this principle trump the equally important principle of legality? This article examines the – at times – competing imperatives of certainty and legality in the context of several recent decisions of the Western Cape High Court that related to applications for interdictory relief for the cessation of allegedly unlawful building works. The practical difficulties for an applicant in these circumstances are particularly acute when the relief is sought pending the final determination of an application for judicial review of the impugned administrative decision to grant building plan approval. The article highlights the approach of the Western Cape High Court in three cases to invoking considerations of legality in circumstances where building works had reached an advanced stage and the respondent had effectively achieved what has been described as an "impregnable position". The principal difficulty for an applicant lies in the fact that where interdictory relief is sought against building works that have reached an advanced stage, this potentially renders an eventual successful review application brutum fulmen. en
dc.language.iso en en
dc.publisher North-West University (Potchefstroom Campus), Faculty of Law en
dc.subject Interim interdict en
dc.subject Legality en
dc.subject Certainty en
dc.subject Administrative decisions en
dc.subject Interdictory relief en
dc.subject Judicial review en
dc.subject Building works en
dc.subject Title deed conditions en
dc.subject Zoning scheme regulations en
dc.subject National Building Regulations and Building Standards Act en
dc.title When certainty and legality collide: The efficacy of interdictory relief for the cessation of building works pending review proceedings en
dc.type Article en


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