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Ruiters v Minister of Human Settlements and Another (13669/14) [2015] ZAWCHC 107

Ruiters v Minister of Human Settlements and Another (13669/14) [2015] ZAWCHC 107

14th August 2015

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INTRODUCTION

[1] The applicant is the owner of Erf 21811 Kuils River (“the property”). The first respondent is the Minister of Human Settlements (“the Minister”). The second respondent is the National Home Builders Registration Council (“the Council”). This matter concerns the validity of a decision taken by the Minister on 22 May 2014, when she confirmed an earlier decision by the Council refusing applicant an exemption from registering as a home builder and from enrolling the construction of a home on the property.  It is common cause that the Minister’s decision constitutes administrative action reviewable under section 6 of the Promotion of Administrative Justice Act 3 of 2000.

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[2] The applicant presently seeks to review and set aside the Minister’s decision, as well as her confirmation of the Council’s refusal of his exemption application, and a direction that he should make application for late enrolment in terms of s.14A of the Housing Consumers Protection Measures Act No. 95 of 1998 (“the Act”). The applicant also claims a declaratory order to the effect that, in the event of the review succeeding, applicant should be recognised as an “owner builder” in terms of the provisions of the Act, with exemption from the provisions of sections 10 and 14 thereof.

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