South Africa Case Law

Emfuleni Local Municipality and Another v Eskom Holdings SOC Ltd and Others (104254/2024)

Emfuleni Local Municipality and Another v Eskom Holdings SOC Ltd and Others (104254/2024) [2024] ZAGPPHC 1138 (11 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

104254/2024

Judge

Neukircher

The court found that National Treasury had not terminated Emfuleni's participation in the National Debt Relief Program, as confirmed by Treasury's communication on 23 September 2024. Accordingly, Eskom was not entitled to enforce historical debt judgments or attach Emfuleni's bank accounts while the municipality remained a participant. The attachment caused ongoing irreparable harm by preventing Emfuleni from fulfilling statutory and constitutional obligations. The requirements for a stay of execution were met, as real and substantial injustice would result if the writ was not suspended pendi…

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• Municipal Debt Relief Programme
• Stay Of Execution
• Writ Of Attachment
• Constitutional Obligations Of Municipalities
• Intergovernmental Dispute Resolution
• Contempt Of Court

Baron and others v Claytile (Pty) Limited and Another (CCT241/16)

Baron and others v Claytile (Pty) Limited and Another (CCT241/16) [2017] ZACC 24; 2017 (10) BCLR 1225 (CC); 2017 (5) SA 329 (CC) (13 July 2017)

Court

Constitutional Court

Case number

CCT 241/16

Judges

Nkabinde, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mhlantla, Mojapelo, Pretorius, Zondo

The Constitutional Court dismissed an ESTA eviction appeal, holding that the City’s offer of alternative accommodation at Wolwerivier was suitable and the eviction was just and equitable.

• Extension Of Security Of Tenure Act
• Eviction Proceedings
• Suitable Alternative Accommodation
• Constitutional Obligations Of Municipalities
• Just And Equitable Eviction
• Subsidiarity Principle

Ekurhuleni Metropolitan Municipality v Germiston Municipal Retirement Fund (CCT226/15)

Ekurhuleni Metropolitan Municipality v Germiston Municipal Retirement Fund (CCT226/15) [2017] ZACC 1; 2017 (6) BCLR 750 (CC) (17 January 2017)

Court

Constitutional Court

Case number

CCT 226/15

Judges

Mogoeng, Nkabinde, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mbha, Musi, Zondo

The Constitutional Court held that the interpretation of rule 10.8.1 of the Fund Rules, as previously determined by the Supreme Court of Appeal, remains binding. The new evidence presented by the Municipality was available during earlier litigation and failed to meet the test for admission. The Municipality did not demonstrate that enforcement of the rule impeded its constitutional obligations, nor did it establish that the rule was contrary to public policy. The duty of good faith owed by the Fund's Board is to the Fund and its members, not to the Municipality. The doctrine of res iudicata a…

Source excerpt

• Municipal Pension Fund Rules
• Public Policy Contracts
• Res Iudicata
• Constitutional Obligations Of Municipalities
• Fiduciary Duty Pension Fund Board
• Issue Estoppel

Hlophe and Others v City of Johannesburg Metropolitan Municipality and Others (48102/2012)

Hlophe and Others v City of Johannesburg Metropolitan Municipality and Others (48102/2012) [2013] ZAGPJHC 98; 2013 (4) SA 212 (GSJ) (3 May 2013)

Court

South Gauteng High Court, Johannesburg

Case number

48102/2012

Judge

Satchwell

The court held that Johannesburg and its officials were obliged to comply with earlier shelter orders for unlawful occupiers and set detailed reporting and compliance duties.

• Right To Housing
• Eviction Procedure
• Constitutional Obligations Of Municipalities
• Temporary Accommodation
• Contempt Of Court
• Blue Moonlight Precedent

Real People Housing (Pty) Limited v City of Cape Town (9692/07)

Real People Housing (Pty) Limited v City of Cape Town (9692/07) [2008] ZAWCHC 65; 2010 (1) SA 411 (C) (21 November 2008)

Court

Western Cape High Court, Cape Town

Case number

9692/07

Judge

NJ Yekiso

The court held that a municipality must provide itemised clearance figures and issue a section 118(1) certificate once the two-year municipal debt is paid.

• Municipal Clearance Certificates
• Section 118 Municipal Systems Act
• Deprivation Of Property
• Constitutional Obligations Of Municipalities
• Allocation Of Debt
• Public Administration Standards