Constantine Panayotides v Mayor of the Steve Tshwete Local Municipality N.O and Others (68028/2012) [2015] ZAGPPHC 429 (1 July 2015)

35 Reportability
Land and Property Law

Brief Summary

Execution — Demolition order — Compliance with Magistrate’s Court order — Applicant sought enforcement of a demolition order against a building on his property — The second respondent was ordered to comply with the demolition order within one month, failing which the Sheriff was authorized to act — Costs awarded against the second and fourth respondents on an attorney and client scale, including the costs of two counsel.

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[2015] ZAGPPHC 429
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Constantine Panayotides v Mayor of the Steve Tshwete Local Municipality N.O and Others (68028/2012) [2015] ZAGPPHC 429 (1 July 2015)

IN THE HIGH COURT OF
SOUTH AFRICA
(GAUTENG DIVISION,
PRETORIA)
Case number: 68028/2012
Date: 01 July 2015
In the matter between:
CONSTANTINE
PANAYOTIDES
....................................................................................
APPLICANT
And
THE MAYOR OF THE STEVE TSHWETE LOCAL
MUNICIPALITY
N.O
............................................................................................
1ST
RESPONDENT
THE STEVE TSHWETE LOCAL
MUNICIPALITY
........................................
2ND
RESPONDENT
THE MEC FOR THE PROVINCIAL
GOVERNMENT
OF
MPUMALANGA
.............................................................................................
3RD
RESPONDENT
WILLIAM JACOBUS
HARRINGTON
..............................................................
4TH
RESPONDENT
NEXBED
CC
..........................................................................................................
5TH
RESPONDENT
POSTEA JUDGMENT
PRETORIUS J,
[1] The order contained in the judgment
handed down on 25 June 2015 did not make provision for the costs of
two counsel. I therefor
make the following order:
1. The second respondent is ordered to
give effect to the order of the Magistrate’s Court dated 1
August 2008 by demolishing
the building on the property situated at
13A Laver Street, Middelburg, Mpumalanga;
2. In the event of the second
respondent failing to comply with the order in 1 above within one
month of granting the order, the
Sheriff is authorised to take any
steps necessary to give effect to this order;
3. The second and fourth respondents to
pay the costs of the application on an attorney and client scale
including the costs of
two counsel, jointly and severally, the one to
pay the other to be absolved.
Judge C Pretorius