Van Rensburg NO and Another v Naidoo NO and Others, Naidoo NO and Others v Van Rensburg NO and Others (155/09, 455/09) [2010] ZASCA 68

26th May 2010

Two linked appeals ─ nature of rights derived from restrictive conditions in title deed stated to be subject to alteration discussed ─ zoning regulations and town planning schemes not overriding restrictive conditions ─ the Removal of Restrictions Act 84 of 1967 not applicable ─ power of Member of the Executive Council of the Eastern Cape Province to alter or amend restrictive conditions ─ delegation not properly proved ─ decision made without reference to written objections in any event liable to be set aside ─ power of court of the same division and of equal jurisdiction to set aside or otherwise interfere with order intended to be final in effect discussed ─ held that in the prevailing circumstances the court had no such power either by way of inherent jurisdiction or in terms of the Uniform rules of court ─ held that justice required the prior order to be executed.