Madiro v Madibeng Local Municipality and Others (1760/2022)
Madiro v Madibeng Local Municipality and Others (1760/2022) [2023] ZAGPPHC 1838; [2024] 1 All SA 225 (GP) (19 October 2023)
The court found that both Madibeng and Bojanala Municipalities, as well as their respective managers, failed to comply with previous interdict and contempt orders regarding the ongoing sewage spillage on the applicant's property. The applications to rescind or set aside the orders were dismissed: the Madibeng Respondents had notice and elected not to participate, failing to meet the requirements of Rule 42(1)(a) or common law rescission. The Bojanala Respondents' collateral challenge was rejected due to unreasonable delay and insufficient evidence that the interdict was a nullity; the Distric…
Source excerpt
- Municipal Powers And Functions
- Contempt Of Court
- Structured Interdict
- Environmental Protection
- Constitutional Duties Of Organs Of State
- Local Government Service Delivery