A Pretoria West property developer is facing severe consequences after the City of Tshwane obtained a court order to demolish two high-rise buildings that were constructed without the necessary approved building plans.
George Asaba and his company, Gabsa Consolidated Prop (PTY) Ltd, were found in contempt of court for disregarding an earlier ruling issued on July 16, 2024, which prohibited them from proceeding with construction. The developers now stand liable for the costs associated with demolishing the structures.
The High Court ruling comes after the respondents acknowledged in court that the buildings, which began construction in June 2023, proceeded without the City’s approval. While they claimed their architect had submitted the building plans, the court clarified that submitting plans alone does not grant the right to build—permission must be granted beforehand.
The court highlighted that despite knowing the legal requirement, the developers opted to proceed with the construction, building the structures to three stories high in direct defiance of the court order. In addition, the buildings were found to have been illegally occupied, raising concerns over the provisions of the Prevention of Illegal and Unlawful Occupation of Land Act.
During the proceedings, it was noted that although the developers had submitted a rezoning application, the court deemed it an insufficient defense and an attempt to bypass the legal consequences. MMC for Corporate and Shared Services, Kholofelo Morodi, condemned the developers’ actions, stressing that the buildings violated the National Building Regulations and posed a significant public safety risk.
“The City initiated legal proceedings after it was established that the buildings were constructed without approved plans, contravening municipal by-laws,” Morodi said. “The Tshwane government is committed to ensuring the safety and security of all residents.”
The court granted the City permission to enter the properties on Luttig Street and demolish the unauthorized high-rise buildings, along with all associated utilities. The City will also work with other officials to assist any affected residents with alternative housing arrangements.
