South Africa Case Law

Curro Holdings Limited and Others v City of Johannesburg Metropolitan Municipality and Another (2023-055416)

Curro Holdings Limited and Others v City of Johannesburg Metropolitan Municipality and Another (2023-055416) [2024] ZAGPJHC 1270 (12 December 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023-055416

Judge

L. Windell

The court enforced a settlement agreement with the municipality and barred further water disconnections pending implementation of the agreed journals.

• Municipal Services Disconnection
• Settlement Agreement Enforcement
• Authority Of Municipal Officials
• Urgent Interdict
• Estoppel Against Statutory Body
• Municipal-services-disconnection

Merifon (Pty) Ltd v Greater Letaba Municipality and Another (1112/2019)

Merifon (Pty) Ltd v Greater Letaba Municipality and Another (1112/2019) [2021] ZASCA 50; [2021] 4 All SA 356 (SCA); 2023 (1) SA 408 (SCA) (22 April 2021)

Court

Supreme Court of Appeal

Case number

1112/2019

Judges

Petse, Makgoka, Schippers, Gorven, Poyo-Dlwati

The Supreme Court of Appeal held that the agreement for the sale of immovable property to the municipality was unenforceable due to non-compliance with section 19 of the Municipal Finance Management Act. The municipality had not appropriated funds for the purchase, nor had its council approved the project and total cost as required by law. The council's resolution merely approved the department's commitment letter and did not amount to approval of the acquisition. The principle of legality prohibits courts from granting specific performance where the underlying agreement is unlawful. Estoppel…

Source excerpt

• Municipal Finance Management Act
• Specific Performance
• Authority Of Municipal Officials
• Estoppel
• Legality Principle

Buffalo City Metropolitan Municipality v Nurcha Development Finance (Pty) Ltd and Others (378/2017)

Buffalo City Metropolitan Municipality v Nurcha Development Finance (Pty) Ltd and Others (378/2017) [2018] ZASCA 122; 2019 (3) SA 379 (SCA) (21 September 2018)

Court

Supreme Court of Appeal

Case number

378/2017

Judges

Lewis, Seriti, Makgoka, Mokgohloa, Nicholls

The Supreme Court of Appeal found that the conduct of Buffalo City Metropolitan Municipality in accepting and acting upon the irrevocable payment instruction, entering into the construction contract with New Boss after acknowledging the instruction, and making payments in accordance with it, constituted unequivocal conduct manifesting an intention to be bound by a tacit contract with Nurcha. The City's subsequent deviation from the payment instruction was acknowledged as a breach. The evidence, including the City's performance and lack of rebuttal to Nurcha's claims, established on a balance…

Source excerpt

• Tacit Contract
• Municipal Finance Management Act
• Breach Of Contract
• Damages
• Authority Of Municipal Officials

Aurus Capital (Pty) Ltd v Matjhabeng Municipality (2962/2015)

Aurus Capital (Pty) Ltd v Matjhabeng Municipality (2962/2015) [2015] ZAFSHC 148 (6 August 2015)

Court

Free State High Court, Bloemfontein

Case number

2962/2015

Judge

Kruger

The court confirmed a rule nisi, finding a binding partly written and oral municipal contract and ordering the municipality to let the applicant continue work.

• Specific Performance
• Municipal Contracts
• Oral And Written Agreements
• Authority Of Municipal Officials
• Interdict
• Environmental Rehabilitation

Njomane v Executive Mayor King Sabata Dalidyebo Municipality and Another (24426A/2013)

Njomane v Executive Mayor King Sabata Dalidyebo Municipality and Another (24426A/2013) [2014] ZAECMHC 41 (14 November 2014)

Court

Eastern Cape High Court, Mthatha

Case number

24426A/2013

Judge

R W N Brooks

The court found that the respondents provided an adequate and reasonable explanation for their default, as they were unaware of the proceedings due to service on an unauthorised individual and internal communication failures. The respondents demonstrated a bona fide defence by raising a credible challenge to the authority of the acting municipal manager to bind the municipality in the extra curial agreement. The applicant failed to establish entitlement to final relief, as the validity of the agreement was disputed and no common cause facts supported the claim. The court held that the interes…

Source excerpt

• Rescission Of Judgment
• Authority Of Municipal Officials
• Motion Proceedings
• Costs Order