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South Africa Case Law

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Constitutional Law [2020] ZAGPPHC 442

Concerned Residents of Flag Boshielo West and Others v Sekhukhune District Municipality and Others (15437/2015)

Concerned Residents of Flag Boshielo West and Others v Sekhukhune District Municipality and Others (15437/2015) [2020] ZAGPPHC 442 (11 August 2020)

Court
North Gauteng High Court, Pretoria
Case number
15437/2015
Judge
D S Fourie

The High Court dismissed an urgent contempt application over ongoing water-supply non-compliance, finding the respondents’ explanations rebutted wilfulness and mala fides.

  • Right Of Access To Water
  • Contempt Of Court
  • Municipal Service Delivery
  • Constitutional Duties
  • Interim Relief
  • Contempt-of-court
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Administrative Law [2020] ZAFSHC 78

Oppenheimer Park Golf Club v Matjhabeng Local Municipality and Another (137/2019)

Oppenheimer Park Golf Club v Matjhabeng Local Municipality and Another (137/2019) [2020] ZAFSHC 78; [2020] 2 All SA 574 (FB) (26 February 2020)

Court
Free State High Court, Bloemfontein
Case number
137/2019
Judge
C Van Zyl

The court found that the Municipality failed to comply with its constitutional and statutory obligations to maintain and secure the Klippan Pump Station and the Witpan Waste Water Treatment Plant, resulting in ongoing environmental harm and risk to the applicant's property. The Municipality's explanations regarding vandalism and illegal mining were insufficient and contradictory, and no effective remedial measures had been implemented. The Municipality's failure to provide logical solutions or workable suggestions to address the situation, coupled with the absence of security and operational…

Source excerpt

  • Municipal Service Delivery
  • Structural Interdict
  • Constitutional Duties
  • Environmental Protection
  • Wastewater Management
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Administrative Law [2019] ZAGPPHC 300

Myburgh N.O and Others v Msukaligda Local Municipality and Another (3542/18)

Myburgh N.O and Others v Msukaligda Local Municipality and Another (3542/18) [2019] ZAGPPHC 300 (4 March 2019)

Court
North Gauteng High Court, Pretoria
Case number
3542/18
Judge
JH Roelofse

The court found that the first respondent, as the local municipality, is constitutionally and statutorily obliged to maintain and repair Wessels Road. The failure to repair the road is an executive function, not administrative action, and thus PAJA does not apply. The applicants established a clear right to relief, and no adequate alternative remedy existed. The second respondent was mis-joined, as the road did not form an integral part of the district's transport system, and COGTA was not a necessary party. The first respondent's defences, including lack of funds and budgetary constraints, w…

Source excerpt

  • Structural Interdict
  • Municipal Obligations
  • Constitutional Duties
  • Joinder And Misjoinder
  • Alternative Remedies
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Administrative Law [2015] ZAFSHC 104

Ngwathe Local Municipality v Eskom Holdings Soc Ltd and Others (4425/2014)

Ngwathe Local Municipality v Eskom Holdings Soc Ltd and Others (4425/2014) [2015] ZAFSHC 104 (28 May 2015)

Court
Free State High Court, Bloemfontein
Case number
4425/2014
Judge
A. F. Jordaan

The court dismissed Ngwathe Municipality’s urgent bid to stop Eskom disconnecting electricity, and allowed disconnection if arrears were not paid, subject to notice.

  • Intergovernmental Dispute
  • Municipal Arrears
  • Electricity Supply Interruption
  • Constitutional Duties
  • Contempt Of Court
  • Municipal-arrears
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Land And Property [2009] ZAFSHC 130

Mafube Municipality and Another v Agritans CC and Another (A248/2008)

Mafube Municipality and Another v Agritans CC and Another (A248/2008) [2009] ZAFSHC 130 (5 November 2009)

Court
Free State High Court, Bloemfontein
Case number
A248/2008
Judges
G. F. Wright, C. Van Zyl, K. J. Moloi

The court found that the respondents failed to maintain and operate the Namahadi Sewerage Works as required by both the agreement and statutory obligations. The respondents' explanations for the spillage, including claims of load shedding and prompt repairs, were contradicted by photographic evidence and their own evasive responses. The court held that the applicants established a clear right, a reasonable apprehension of harm, and the absence of alternative remedies, justifying the grant of a final interdict and mandatory orders. The respondents' failure to dispute the photographic evidence…

Source excerpt

  • Municipal Services
  • Interdict
  • Contempt Of Court
  • Nuisance
  • Constitutional Duties
  • Costs Order
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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.