South Africa Case Law

Brandfort Forum and Others v Masilonyana Local Municipality and Others In re: Brandfort Forum and Others v Masilonyana Local Municipality and Others (4949/2021)

Brandfort Forum and Others v Masilonyana Local Municipality and Others In re: Brandfort Forum and Others v Masilonyana Local Municipality and Others (4949/2021) [2022] ZAFSHC 303 (7 November 2022)

Court

Free State High Court, Bloemfontein

Case number

4949/2021

Judge

Opperman

Leave to appeal was dismissed in a contempt and interdict dispute over unlawful pre-paid electricity meter installations in Brandfort.

• Contempt Of Court
• Interdict
• Municipal Procurement
• Community Participation
• Electricity Tariffs
• Contempt-of-court

Mafube Business Forum and Another v Mafube Local Municipality and Others (1969/2021)

Mafube Business Forum and Another v Mafube Local Municipality and Others (1969/2021) [2022] ZAFSHC 86 (28 April 2022)

Court

Free State High Court, Bloemfontein

Case number

1969/2021

Judge

I Van Rhyn

The court found that the Mafube Local Municipality and associated respondents are in persistent breach of their constitutional and legislative obligations to provide basic services and meet financial commitments. The provincial executive's intervention under section 139(1)(b) failed to resolve the Municipality's crises, and the jurisdictional facts for mandatory provincial intervention under section 139(4) and (5) are present and have been for some time. However, the court held that national intervention under section 139(7) is only permissible after the province has implemented mandatory int…

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• Municipal Failure To Provide Basic Services
• Section 139 Intervention
• Financial Recovery Plan
• Structural Interdict
• Community Participation
• Constitutional Invalidity

Brandfort Forum and Others v Masilonyana Local Municipality and Others (4949/2021)

Brandfort Forum and Others v Masilonyana Local Municipality and Others (4949/2021) [2021] ZAFSHC 288 (5 November 2021)

Court

Free State High Court, Bloemfontein

Case number

4949/2021

Judge

Opperman

The High Court granted an urgent interim interdict stopping Brandfort pre-paid electricity meter installations pending review or declaratory proceedings.

• Interim Interdict
• Municipal Procurement
• Community Participation
• Electricity Tariffs
• Unlawful Administrative Action
• Interim-interdict

City of Ekhuruleni Metropolitan Municipality v Mazibuko and Others (2020/26215)

City of Ekhuruleni Metropolitan Municipality v Mazibuko and Others (2020/26215) [2021] ZAGPJHC 28 (5 February 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2020/26215

Judge

Gilbert

The applicant failed to satisfy the requirements for a final interdict. There was inadequate proof of service of the interim order on the respondents, including the faceless group and law enforcement bodies. The applicant did not engage constructively with the respondents, failed to respond to serious allegations under oath, and did not pursue mediation as required by Uniform Rule 41A. The respondents denied the alleged unlawful conduct, and the applicant did not rebut these denials with a replying affidavit. The evidence did not establish that all cited respondents participated in the conduc…

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• Final Interdict
• Service Of Process
• Community Participation
• Urgent Interdict
• Rule Nisi
• Mediation Obligation

City of Ekhuruleni Metropolitan Municipality v Mazibuko and Others (2020/26215)

City of Ekhuruleni Metropolitan Municipality v Mazibuko and Others (2020/26215) [2021] ZAGPJHC 5 (5 February 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2020/26215

Judge

Gilbert

The applicant failed to satisfy the requirements for a final interdict. There was insufficient evidence that all individually cited respondents participated in the alleged disruptive conduct, and the applicant did not respond to material factual disputes raised in the answering affidavits. The applicant did not properly serve the interim order on all respondents, particularly the amorphous eighth respondent, nor did it publish notice to other interested persons as required. The applicant failed to engage constructively with the respondents and did not demonstrate that no alternative satisfact…

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• Final Interdict
• Service Of Process
• Community Participation
• Rule Nisi
• Urgent Interdict

City of Ekurhuleni Metropolitan Municipality v Sikhosana and Others (15245/2020)

City of Ekurhuleni Metropolitan Municipality v Sikhosana and Others (15245/2020) [2020] ZAGPJHC 176 (10 July 2020)

Court

South Gauteng High Court, Johannesburg

Case number

15245/2020

Judge

S Yacoob

The High Court postponed an urgent interdict over a Daveyton housing project, ordered structured engagement with the community, and preserved the status quo pending hearing.

• Interdict
• Community Participation
• Local Government Obligations
• Urgent Application
• Housing Project Dispute
• Public Consultation

Blair Atholl Homeowners Association and Others v City of Tshwane Metropolitan Municipality (63280/11)

Blair Atholl Homeowners Association and Others v City of Tshwane Metropolitan Municipality (63280/11) [2014] ZAGPPHC 161 (4 April 2014)

Court

North Gauteng High Court, Pretoria

Case number

63280/11

Judge

Murphy

The court held that the municipality's adoption of the rates policy was neither irrational nor inequitable. The power to levy rates is a legislative function not tied to the provision of municipal services, and the Blair Atholl estate does not qualify for a special category under section 8(2)(j) of the Municipal Property Rates Act. The municipality's rates policy treats ratepayers equitably and is consistent with the Constitution and the Act. Although the notice period for public participation was one day short of the statutory minimum, the applicants suffered no material prejudice, having su…

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• Municipal Property Rates Act
• Rates Policy Review
• Community Participation
• Principle Of Legality
• Equitable Treatment Of Ratepayers