Nature Conservation Amendment Act, 1988

Property – Town Planning Scheme – Consent Usages – Consent granted to operate Guesthouse and conference facility to respondent – Respondent hosting events and functions, contrary to consent use – Applicant seeking to interdict to host events and functions contrary to consent use of property – Requisites for interdict met – Granted.

Noise – Emanating from hosting event and functions – Noise Control Regulations – Applicant seeks interdict – Ambient noise level – No Legislative framework – Interdict refused.

Evidence – Onus of proof – The defendant alleging an agreement different from that pleaded by the plaintiff bears the onus to prove such agreement – The defendant failed to prove acquisition of member’s interest under section 33(1)(b) of the Close Corporations Act 26 of 1988 which involves member’s interest acquisition, through the adjustment of interests, by the potential new member from the existing member/s without consideration to them while there is an agreement between all of them inter se of the adjustment.

Pleadings – Replication – Not necessary for replication as the plaintiff’s answer to the plea was not a confession and avoidance.

Evidence – Onus of proof – The defendant alleging she performed by payment bears the onus to prove the payments alleged by her – The defendant failed to discharge that onus.

Purchase contract – Breach – The defendant’s failure to pay the purchase consideration – Material – The plaintiff entitled to cancel – Demand and cancellation by summons – The plaintiff’s subsequent conduct showed intention not seeking payment but cancellation.