South Africa Case Law

Kamiesberg Local Municipality and Another v Koingnaas Belastingbetalersvereniging and Another (2609/2021)

Kamiesberg Local Municipality and Another v Koingnaas Belastingbetalersvereniging and Another (2609/2021) [2024] ZANCHC 14 (16 February 2024)

Court

Northern Cape High Court, Kimberley

Case number

2609/2021

Judge

Mamosebo

The court found that KBBV lacked legal standing to bring the counter-application as it failed to comply with its own constitution's requirements for committee composition and quorum, rendering its actions a nullity. Even if standing were established, KBBV's conduct in undertaking municipal repairs and invoicing the municipality without formal procurement processes was unlawful and amounted to impermissible self-help. The Constitution and subsidiary legislation vest service delivery responsibilities in municipalities, and any intervention must follow the hierarchical procedures set out in sect…

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• Municipal Service Delivery
• Locus Standi
• Final Interdict
• Self Help
• Constitutional Mandate
• Negotiorum Gestio

Lambede v Minister of Defence and Military Veterans and Others (9642/2020)

Lambede v Minister of Defence and Military Veterans and Others (9642/2020) [2021] ZAGPPHC 858 (15 December 2021)

Court

North Gauteng High Court, Pretoria

Case number

9642/2020

Judge

T Moosa

The court held that the recommendations made by the Military Ombud under section 6(8) of the Military Ombud Act are not legally binding directives but mere suggestions to the Minister. Parliament deliberately used the term 'recommend' to indicate advice rather than compulsion. The statutory and constitutional framework governing the SANDF does not provide for the Ombud to issue binding orders affecting promotions or appointments. The withdrawal of the applicant's promotion, while unfortunate, was not procedurally unlawful in the context of the statutory powers and the applicant's failure to r…

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• Promotion Of Administrative Justice Act
• Military Ombud Act
• Fair Labour Practices
• Recommendation Vs Directive
• Constitutional Mandate
• Review Of Administrative Action

Ehlers Attorneys v Road Accident Fund (32968/21)

Ehlers Attorneys v Road Accident Fund (32968/21) [2021] ZAGPPHC 563 (1 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

32968/21

Judge

Mabuse

The court found that the applicant satisfied the requirements of s 18(3) of the Superior Courts Act. Exceptional circumstances exist due to the respondent's persistent disregard for court orders and the severe prejudice to the applicant and its clients resulting from non-payment. The applicant demonstrated, on a balance of probabilities, that it would suffer irreparable harm if execution were suspended, including the risk of closure of its practice and loss of income for employees. The respondent failed to show any irreparable harm it would suffer if execution proceeded, as it remains liable…

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• Execution Pending Appeal
• Exceptional Circumstances
• Irreparable Harm
• Road Accident Fund Act
• Constitutional Mandate

Oyakhilome and Another v Commission for the Promotion and Protection of Cultural, Religious and Linguistic Communities (2015/42575)

Oyakhilome and Another v Commission for the Promotion and Protection of Cultural, Religious and Linguistic Communities (2015/42575) [2015] ZAGPJHC 299 (7 December 2015)

Court

South Gauteng High Court, Johannesburg

Case number

2015/42575

Judge

C Georgiades

The High Court suspended a Commission notice compelling religious leaders to appear and produce documents, finding it was not rationally linked to the stated investigation.

• Commission Powers
• Interim Interdict
• Rationality Review
• Constitutional Mandate
• Investigative Powers
• Administrative-law

Le Sueur and Another v Ethekwini Municipality and Others (9714/11)

Le Sueur and Another v Ethekwini Municipality and Others (9714/11) [2013] ZAKZPHC 6 (30 January 2013)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

9714/11

Judge

Gyanda

The court found that the Ethekwini Municipality had validly adopted the D-MOSS amendments, as a resolution to proceed was taken before the repeal of the Town Planning Ordinance and the process was not abandoned, thus saved by transitional provisions of the Planning and Development Act. The court held that municipalities possess constitutional and statutory authority to legislate on environmental matters as part of municipal planning, supported by national and provincial legislation and policy. The argument that environmental regulation is reserved exclusively for national and provincial gover…

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• Municipal Planning
• Environmental Regulation
• Ultra Vires
• Constitutional Mandate
• Transitional Provisions
• Town Planning Schemes

Nokeng Tsa Taemane Local Municipality v Dinokeng Property Owners Association and Others (518/09)

Nokeng Tsa Taemane Local Municipality v Dinokeng Property Owners Association and Others (518/09) [2010] ZASCA 128; [2011] 2 All SA 46 (SCA) (30 September 2010)

Court

Supreme Court of Appeal

Case number

518/09

Judges

Harms, Heher, Bosielo, Shongwe, Tshiqi

The Supreme Court of Appeal held that the municipality complied with the statutory requirements for levying property rates. The notices issued satisfied the requirement to state the general purport of the resolutions, and the opportunity for objections was properly provided. The objections relied upon by the association were either not lodged within the prescribed period or did not qualify as valid objections under the Act. Minor administrative errors, such as omission of dates in newspaper advertisements, did not render the process invalid, as the Act did not require such advertisements. The…

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• Municipal Property Rates
• Local Government Powers
• Statutory Compliance
• Declaratory Relief
• Objections Procedure
• Constitutional Mandate