The Gauteng High Court ruling against property developer George Asaba paves the way for demolition of two high-rise buildings constructed in Pretoria west without approved plans.
Image: Supplied/City of Tshwane
The Gauteng High Court in Pretoria has dismissed an appeal by Pretoria West property developer George Asaba, who contested a ruling allowing the City of Tshwane to demolish two high-rise buildings constructed without approved plans.
The Member of the Mayoral Committee for Corporate and Shared Services, Kholofelo Morodi, hailed the court ruling as a significant milestone in the City's efforts to reclaim urban spaces from unauthorised developments.
She said: “This ruling is a turning point in the City’s efforts to reclaim urban spaces from unlawful developments and send a strong message that no one is above the law.”
Morodi expressed concern that illegal buildings, land grabs, and hijacked properties have for years chipped away at service delivery, infrastructure, and public safety.
“This multiparty coalition government, through the Bad Buildings Committee, is taking a stand and pushing back against those who think they can bypass the law. Tshwane is not a playground for opportunists who undermine governance for personal gain,” she said.
She expressed satisfaction that the Metro secured a decisive victory against lawlessness when the high court struck off the roll and dismissed with costs Asaba's appeal case.
“His attempt to fight against enforcement has failed, and he will now face the full financial consequences of his unlawful actions. The City will proceed with demolitions and ensure that illegal structures across Tshwane continue to be identified and removed,” she said.
Morodi urged residents who suspect illegal building activities in their communities to report them to the City.
According to the high court, the developer will be responsible for covering the costs associated with demolishing the buildings.
Asaba was held in contempt of court for defying a July 16, 2024, court order that prohibited him from constructing the buildings in question.
In court documents, the respondent admitted that construction began in June 2023 without the City's approval, but claimed that their architect had 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.”
The court found that the respondent had not complied with the July 16, 2024, court order, specifically failing to submit the required building plans for review and approval.
The court determined that the respondent blatantly disregarded the court order, continuing construction despite its directives to halt.
The respondent’s attempt to justify their actions by citing a pending rezoning application was deemed insufficient by the court, which saw it as a last-ditch effort to evade the consequences of their non-compliance.
rapula.moatshe@inl.co.za