Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Constitutional Law [2016] ZASCA 107

City of Cape Town v Khaya Projects (Pty) Ltd and Others (158/2015)

City of Cape Town v Khaya Projects (Pty) Ltd and Others (158/2015) [2016] ZASCA 107; 2016 (5) SA 579 (SCA); [2016] 4 All SA 1 (SCA) (26 July 2016)

Court
Supreme Court of Appeal
Case number
158/2015
Judges
Maya DP, Majiedt JA, Seriti JA, Willis JA, Victor AJA

The Supreme Court of Appeal held that Khaya Projects (Pty) Ltd, as a private construction company contracted by Peer Africa (and not directly by the City), does not incur constitutional obligations independent of its statutory or contractual obligations when building state-funded housing. The principle of subsidiarity requires the City to first exhaust available statutory and contractual remedies before seeking constitutional relief. The contract between Peer Africa and Khaya Projects did not expressly impose constitutional obligations, and mere reference to the constitutional context in the…

Source excerpt

  • Right To Adequate Housing
  • Subsidiarity Principle
  • Locus Standi
  • Contractual Liability
  • Arbitration Lapse
  • Public Function Test
Read case analysis
Constitutional Law [2014] ZAWCHC 167

City of Cape Town v Khaya Projects (Pty) Ltd and Others (21166/12)

City of Cape Town v Khaya Projects (Pty) Ltd and Others (21166/12) [2014] ZAWCHC 167; 2015 (1) SA 421 (WCC); [2015] 1 All SA 81 (WCC) (11 November 2014)

Court
Western Cape High Court, Cape Town
Case number
21166/12
Judge
Mantame

The court held that Section 26(1) of the Constitution imposes the obligation to provide adequate housing on the state, not on private contractors. The applicant did not have a direct contractual relationship with the first respondent, and there was no evidence of a principal-agent relationship that would confer locus standi to intervene in the arbitration. The relief sought was academic, as the dispute over defective work was subject to ongoing arbitration between first and second respondents, and the applicant could not claim constitutional obligations that were neither expressly nor implied…

Source excerpt

  • Right To Adequate Housing
  • Horizontal Application Of Bill Of Rights
  • Arbitration Lapse
  • Principal Agent Relationship
  • Building Regulations
  • Declaratory Relief
Read case analysis

About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.