South Africa Case Law

Matjhabeng Local Municipality v Van der Heever (4194/2022)

Matjhabeng Local Municipality v Van der Heever (4194/2022) [2025] ZAFSHC 218 (18 July 2025)

Court

Free State High Court, Bloemfontein

Case number

4194/2022

Judges

Opperman, Daffue

The court held that the settlement agreement did not constitute a rebate or reduction in property rates as contemplated by section 15 of the Municipal Property Rates Act, but was a lawful debt collection arrangement under the municipality's By-Law. The municipal manager was authorised to accept lesser payments in full and final settlement of arrears. The municipality's reliance on its Credit Control and Debt Collection Policy was procedurally irregular and unsupported by the record. The delay in bringing the review application was unreasonable and prejudicial to the respondent and other parti…

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• Municipal Debt Collection
• Settlement Agreement
• Authority Of Municipal Manager
• Rebate Vs Debt Management
• Unreasonable Delay In Review
• Pacta Sunt Servanda

Maruleng Local Municipality v Commission for Conciliation, Mediation and Arbitration (JR1926-21)

Maruleng Local Municipality v Commission for Conciliation, Mediation and Arbitration (JR1926-21) [2024] ZALCJHB 81 (20 February 2024)

Court

Labour Court Johannesburg

Case number

JR1926-21

Judge

Norton

The court found that the commissioner erred in concluding there was no rule prohibiting the employee from signing cession agreements without written delegation from the municipal manager. The relevant legislation clearly vests such authority in the municipal manager, and the employee breached this rule. However, the court held that the commissioner’s finding of substantive unfairness was sustainable due to four mitigatory factors: the municipal manager’s knowledge and failure to intervene, prior practice by other employees, the employee’s cessation of signing after reprimand, and the employee…

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• Unfair Dismissal
• Authority Of Municipal Manager
• Procedural Fairness
• Compensation For Unfair Dismissal

Matjhabeng Local Municipality v MC Security & Investigations and Others (3945/2023)

Matjhabeng Local Municipality v MC Security & Investigations and Others (3945/2023) [2024] ZAFSHC 44 (15 February 2024)

Court

Free State High Court, Bloemfontein

Case number

3945/2023

Judge

Van Zyl

The court held that the municipality’s manager lacked delegated authority to bring the urgent proceedings, discharged the rule nisi, and awarded attorney-and-client costs.

• Authority Of Municipal Manager
• Delegation Of Powers
• Urgent Interdict
• Rule Nisi
• Punitive Costs
• Municipal-manager-authority

Tswelopele Local Municipality v Tikwe Farming (Pty) Ltd and Others (1779/2022)

Tswelopele Local Municipality v Tikwe Farming (Pty) Ltd and Others (1779/2022) [2022] ZAFSHC 220 (29 August 2022)

Court

Free State High Court, Bloemfontein

Case number

1779/2022

Judge

Van Rhyn

The court found that the applicant failed to prove that its municipal council had authorised the institution of the proceedings, as required for a juristic person and especially for a public institution. The authority of the municipal manager or acting municipal manager to depose to affidavits was not sufficient; a council resolution was necessary and was not provided. Furthermore, the applicant did not establish the existence of a valid tacit hypothec, as the crops and movables had already been removed from the property by the time of the hearing, rendering the relief sought moot. The factua…

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• Tacit Hypothec
• Interim Interdict
• Locus Standi
• Lease Dispute
• Authority Of Municipal Manager

Dihlabeng Local Municipality v All Unidentified and Unknown Persons Occupying or Intending to Occupy Bakenpark Extension 7 (Vogelfontein) Bethlehem and Others (3673/2021)

Dihlabeng Local Municipality v All Unidentified and Unknown Persons Occupying or Intending to Occupy Bakenpark Extension 7 (Vogelfontein) Bethlehem and Others (3673/2021) [2022] ZAFSHC 63 (25 March 2022)

Court

Free State High Court, Bloemfontein

Case number

3673/2021

Judge

Mthimunye, AJ

The court found that the applicant, as the lawful owner of the municipal properties, was entitled to seek eviction of the unidentified respondents who unlawfully occupied land earmarked for human settlement. The applicant's response to the Rule 7 notice was admitted, as condonation was granted due to the absence of prejudice and the interests of justice. The authority of the municipal manager to prosecute the application was upheld, as the council resolution was interpreted to include prosecution within the same court. Both parties' late filing of affidavits was condoned, given the constituti…

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• Prevention Of Illegal Eviction Act
• Right To Housing
• Municipal Land Occupation
• Condonation Of Late Filing
• Authority Of Municipal Manager
• Costs In Constitutional Matters

Khutala Property Consortium (Pty) Ltd v Mtubatuba Municipality and Others (1299/2018)

Khutala Property Consortium (Pty) Ltd v Mtubatuba Municipality and Others (1299/2018) [2020] ZASCA 35 (6 April 2020)

Court

Supreme Court of Appeal

Case number

1299/2018

Judges

Navsa, Saldulker, Dambuza, Plasket, Ledwaba

The Supreme Court of Appeal held that the municipal lease was invalid because the municipal manager lacked authority and MEC endorsement was not obtained.

• Municipal Tender Process
• Authority Of Municipal Manager
• Invalid Notarial Lease
• Principle Of Legality
• Role Of Mec In Municipal Decisions
• Rule 33 4 Separation Of Issues

Buffalo City Metropolitan Municipality v Jikwana (EL99/14, ECD399/14)

Buffalo City Metropolitan Municipality v Jikwana (EL99/14, ECD399/14) [2014] ZAECELLC 8 (30 September 2014)

Court

Eastern Cape High Court, East London Local Court

Case number

EL99/14, ECD399/14

Judge

Hartle

The High Court interdicted an attorney from operating a legal practice from residentially zoned property, finding the occupational-practice exception was not met.

• Zoning Scheme Enforcement
• Municipal Land Use Control
• Interdict Requirements
• Occupational Practice Exception
• Authority Of Municipal Manager
• Procedural Fairness