Minister of Trade and Industry and Klein NO and Another (695/2008) [2009] ZASCA 77 (1 June 2009)

Appeal – mootness – s 16(2) of Superior Courts Act – court a quo setting aside decision by administrative appeal tribunal dismissing internal appeal against rezoning decision – in meanwhile building on subject property completed and occupied – appeal not rendered moot by such completion and occupation
Appeal – piecemeal appellate adjudication – merits of rezoning still to be determined by administrative appeal tribunal if review successful – s 17(1)(a) of Superior Courts Act not engaged – court a quo finally determined all issues before it – order appealable.
Town planning – internal appeal against rezoning decision – appeal lodged after coming into force of Tshwane’s Land Use Management By-Law 2016 – applicable appeal procedure one laid down in s 20 of By-law read with s 51 of Spatial Planning and Land
Use Management Act 16 of 2013 – s 59 of Town Planning and Townships Ordinance 15 of 1986 inapplicable and inconsistent as contemplated in s 2(2) of Act 16 of 2013 – objector’s first internal appeal valid and timeous appeal in terms of By-law – objector’s second internal appeal unnecessary and invalid.