Dear CIfA Members
The Gauteng High Court Section 9 Judgement sent out in the recent News Flash was confirmed in the Constitutional Court judgement of 7th June 2018.
Constitutional Court Judgement can be downloaded here.
The Constitutional Court declined to give retrospective effect to its finding on the unconstitutionality of s.9, permitting all the then-current cases before the Review Board to be brought to finality (in effect, then, the Review Board is defunct except to the extent that it might yet still be wrapping up its last few cases).
As new legislation hasn’t yet happened, our advice in our recent News Flash stands that if there is disagreement between an Applicant and the municipal Building Control Officer(s), then the only recourse is to take the municipality on review proceedings in the High Court.