Oranje Watersport CC v Dawid Kruiper Local Municipality and Others (397/2019) [2020] ZASCA 75 (30 June 2020)
Court
Supreme Court of Appeal
Case number
397/2019
Judges
Ponnan, Mocumie, Mbatha, Koen, Gorven
The Supreme Court of Appeal set aside a municipal tender award for land, finding the bidder’s bank letter was not a valid guarantee and the MFMA process was not followed.
Thulamela Municipality and Another v Tshivhase and Others (78/2014) [2015] ZASCA 57 (30 March 2015)
Court
Supreme Court of Appeal
Case number
78/2014
Judges
Ponnan, Shongwe, Majiedt, Dambuza, Gorven
The Supreme Court of Appeal held that the order dismissing the exception on locus standi was not appealable, as it did not finally dispose of any issue in the main application and could be reconsidered. The principle established in Maize Board v Tiger Oats Ltd & others and Pretoria Garrison Institutes v Danish Variety Products (Pty) Ltd was applied, confirming that only exceptions to jurisdiction are appealable. Furthermore, the court noted that the relief sought in the main application had become academic because the properties had already been transferred to Valuline, and the abstract theor…
Strata International (Pty) Ltd and Another v Ekurhuleni Metropolitan Municipality (79/2014) [2015] ZASCA 47 (26 March 2015)
Court
Supreme Court of Appeal
Case number
79/2014
Judges
Navsa, Leach, Saldulker, Van der Merwe, Meyer
The Supreme Court of Appeal held that municipal resolutions to dispose of land, adopted without required public participation and transparency, created no enforceable rights.
Emalahleni Local Municipality and Another v Propark Association and Another (089/2012) [2012] ZASCA 177; [2013] 1 All SA 277 (SCA) (29 November 2012)
Court
Supreme Court of Appeal
Case number
089/2012
Judges
Nugent, Cachalia, Leach, Petse, Southwood
The Supreme Court of Appeal held that the first appellant failed to comply with the mandatory statutory requirements for alienating and closing the public open space. Specifically, there was no evidence of compliance with section 79(18) of the Local Government Ordinance or section 14 of the MFMA prior to the sale and transfer of the property. The procedures for public participation and notification to abutting owners prescribed by section 67 and 68 of the Ordinance were not followed. The resolutions to invite tenders and accept the second appellant's tender were preparatory acts and did not c…
Ferndale Crossroads Share Block (Pty) Ltd and Others v City of Johannesburg Metropolitan Municipality and Others (542/2009) [2010] ZASCA 126; 2011 (1) SA 24 (SCA) ; [2011] 2 All SA 15 (SCA) (30 September 2010)
Court
Supreme Court of Appeal
Case number
542/2009
Judges
Mpati, Heher, Cachalia, Bertelsmann, Ebrahim
The Supreme Court of Appeal held that the agreement between the appellants and the respondent was, in substance and intention, a lease of municipal land. The lease element was integral to the agreement and not merely incidental. Section 79(18) of the Local Government Ordinance required the municipality to publish notice of its intention to lease the land and to consider objections before alienation. The municipality failed to comply with these statutory preconditions prior to concluding the agreement, resulting in the absence of the necessary jurisdictional fact for the exercise of its power.…
Majomatic 115 (Pty) Ltd v Kouga Municipality and Others (303/2009) [2010] ZASCA 17; [2010] 3 All SA 415 (SCA) (18 March 2010)
Court
Supreme Court of Appeal
Case number
303/2009
Judges
Mthiyane, Cachalia, Leach, Majiedt, Saldulker
The Supreme Court of Appeal held that the relevant provisions of the Municipal Ordinance 20 of 1974 (Cape), specifically sections 124(2) and the non-offensive portions of section 124(1), remained in force after the advent of the Constitution, except to the extent of any inconsistency. The oversight powers of the Premier were inconsistent with the Constitution and should be disregarded, but the procedural requirements for advertising and considering objections to the sale of municipal property survived. The Local Government Transition Act did not provide alternative procedures for the alienati…
Waenhuiskrans Arniston Ratepayers Association and Another v Verreweide Eiendomsontwikkeling (Edms) Bpk and Others (1926/2008) [2009] ZAWCHC 181; 2011 (3) SA 434 (WCC) (19 November 2009)
Court
Western Cape High Court, Cape Town
Case number
1926/2008
Judge
A M de Swardt
The High Court set aside the transfer of Erf 599, a rezoning extension, and building plan approvals after finding the municipality had not complied with MFMA and LUPO requirements.
Ga-segoganya Forum v Ga-segonyana Municipality and Others (906/2007) [2007] ZANCHC 54 (21 September 2007)
Court
Northern Cape High Court, Kimberley
Case number
906/2007
Judge
FE Mokgohloa
The court found that the first and second respondents failed to comply with the statutory requirements for the disposal of municipal property as set out in section 14 of the Municipal Finance Management Act 56 of 2003. No public meeting was held, and the market and community value of the property were not properly considered. The tender process was not concluded before the property was sold to the third respondent. The sale and alienation of Erf 489 were therefore unlawful and invalid. The court emphasized the importance of public participation and transparency in municipal asset disposal, ho…
