Zuko Komisa
- The High Court has rejected Marble Towers’ urgent bid over unapproved developments, ruling that urgency was not established and awarding legal costs against the owners.
- The court ordered a strict 72 hour deadline to seal, fence off, and secure all non-compliant structures, entirely halting any further building or occupation.
- While affirming the City’s right to enforce building and fire safety laws, the judge mandated a 20 day mediation window and ruled that no demolitions can happen without an explicit court order.
The High Court has dismissed an urgent application brought by the owners of Marble Towers, ordering them to pay legal costs.
The court ruled that the developers had failed to establish urgency and noted that the property developments lacked approved building plans, making them entirely non-compliant with City regulations.
As a result, a strict structural order has been issued to restrain Marble Towers, its agents, and contractors from carrying out any further construction.
The ruling completely bans the occupation or use of the unapproved sections, giving the owners a strict 72 hour window to secure the site.
“Within 72 hours they must be cordoned off, sealed, and secured, including fencing, warning signage, and removal of encroachments.”
To resolve the impasse, the court has directed both parties to enter a mandatory mediation process within 20 days.
The sessions will be led by a mutually agreed mediator, or one appointed by the Johannesburg Society of Advocates should the parties fail to reach an agreement.
Ultimately, the judgment reaffirms the City’s authority to enforce critical building and fire safety regulations under the National Building Regulations and Building Standards Act.
However, the court clarified that the City cannot proceed with any demolitions until an explicit court order is granted, leaving Marble Towers with the immediate responsibility to secure and regularise the site.
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