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South Africa Case Law

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Constitutional Law [2024] ZACC 25

Govan Mbeki Local Municipality v Glencore Operations South Africa (Pty) Ltd and Others; Emalahleni Local Municipality v Glencore Operations South Africa (Pty) Ltd and Others (CCT 189/22; CCT 191/22)

Govan Mbeki Local Municipality v Glencore Operations South Africa (Pty) Ltd and Others; Emalahleni Local Municipality v Glencore Operations South Africa (Pty) Ltd and Others (CCT 189/22; CCT 191/22) [2024] ZACC 25; 2025 (2) BCLR 111 (CC); 2025 (2) SA 238 (CC) (19 November 2024)

Court
Constitutional Court
Case number
CCT 189/22; CCT 191/22
Judges
Chaskalson AJ, Dodson AJ, Kollapen J, Mathopo J, Mhlantla J, Rogers J, Schippers AJ, Tshiqi J

The Constitutional Court held that the impugned by-laws, which imposed transfer embargoes as enforcement mechanisms for municipal planning and building regulation, were inconsistent with the Constitution and invalid. The Court found no constitutional or legislative source for the power of municipalities to make by-laws regulating deeds registration and property transfer beyond the scope contemplated by section 53 of SPLUMA and section 118(1) of the Systems Act. The by-laws unlawfully encroached on the national competence over deeds registration, and their operation conflicted with the statuto…

Source excerpt

  • Municipal Planning
  • By Law Validity
  • Arbitrary Deprivation Of Property
  • Delegated Powers
  • Deeds Registration
  • Rates Clearance Certificates
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Constitutional Law [2022] ZASCA 93

Govan Mbeki Local Municipality and Another v Glencore Operations South Africa (Pty) Ltd and Others (334/2021;338/2021)

Govan Mbeki Local Municipality and Another v Glencore Operations South Africa (Pty) Ltd and Others (334/2021;338/2021) [2022] ZASCA 93; [2022] 3 All SA 675 (SCA); 2022 (6) SA 106 (SCA) (17 June 2022)

Court
Supreme Court of Appeal
Case number
334/2021;338/2021
Judges
Maya, Dambuza, Plasket, Musi, Salie-Hlophe

The Supreme Court of Appeal held that the impugned municipal by-laws, which imposed an embargo on the registration of transfer of immovable property unless certain municipal requirements were met, exceeded the legislative competence of municipalities under s 156 of the Constitution. The by-laws regulated the transfer and registration of property, a function reserved for national government and governed by the Deeds Registries Act and national legislation. The court found that the by-laws were not authorised by the SPLUMA or the Systems Act, and that they conflicted with s 118 of the Systems A…

Source excerpt

  • Municipal Legislative Competence
  • Arbitrary Deprivation Of Property
  • Spatial Planning And Land Use Management
  • By Law Validity
  • Conflict With National Legislation
  • Deeds Registration
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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.