A Pretoria West property developer is in hot water after the City of Tshwane secured a court order to demolish two high-rise buildings constructed without the required approved building plans.

Being in contempt of court, developers George Asaba and Gabsa Consolidated Prop (PTY) Ltd, have been held liable for the costs incurred in the demolition process.

The ruling by the High Court, Pretoria, comes after the respondents disregarded the first court order issued on July 16, 2024, barring him from erecting the buildings in question.

Although the respondents acknowledged in court documents that construction, which commenced in June 2023, proceeded without the City's approval of their plans, they claimed that their architect had, in fact, submitted the plans to the City for review.

The court said: “The submission of building plans does not accord one the right or permission to build. One needs permission first before one can build and I am of the view that the respondents were very much aware of this requirement but opted to go ahead as they are the law unto themselves.”

Pictures taken of the premises on August 28, 2024 showed certain buildings on the foundation phase.

However, upon visiting the premises, the court observed that the buildings had grown to three stories high, revealing a blatant disregard by the respondents for the earlier court order.

During the court proceedings, it was contended that the buildings in question had been illegally occupied by a group of individuals.

The argument hinted that the provisions of the Prevention of Illegal and Unlawful Occupation of Land Act, No. 19 of 1998, would need to be adhered to, implying that the occupants should have been included in the legal proceedings.

The court determined that the respondents failed to submit building plans as mandated by the July 16, 2024 court order.

Furthermore, the court found that the respondents disregarded the order's injunction and proceeded with construction, contrary to its directives.

Although the respondent had submitted a rezoning application, the court deemed it an insufficient defence, viewing it as a belated attempt to circumvent the impending outcome.

MMC for Corporate and Shared Services, Kholofelo Morodi, condemned the illegal construction of buildings on Erf 1313 and Erf 1312, situated at 510 and 514 Luttig Street in Pretoria West.

She said the structures flagrantly contravene the National Building Regulations and Building Standards Act, while also failing to meet the zoning requirements stipulated for the properties.

“The City initiated legal proceedings after it was established that the buildings were constructed without approved building plans, posing significant risks to public safety and contravening municipal by-laws,” she said.

She said the Tshwane multi-party coalition government was duty-bound to “operate in the public’s interest and to ensure the safety and security of all our residents, including those residing and operating businesses in unlawfully erected structures”.

Morodi will collaborate with MMC for Economic Development and Spatial Planning, Sarah Mabotsa, to ensure that residents of unlawfully erected buildings are advised of alternative places of residence.

The court granted the City permission to enter the premises and demolish the unauthorised structures, including the conversions of dwelling houses into three or four multi-storey buildings.

The City was also authorised to demolish associated electricity, water, drainage, and sewerage installations.

rapula.moatshe@inl.co.za

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