South Africa Case Law

Lombardy Development (Pty) Limited and Others v City of Tshwane Metropolitan Municipality and Another (A150/22)

Lombardy Development (Pty) Limited and Others v City of Tshwane Metropolitan Municipality and Another (A150/22) [2024] ZAGPPHC 17; 2025 (2) SA 516 (GP) (12 January 2024)

Court

North Gauteng High Court, Pretoria

Case number

A150/22

Judges

SJ Cowen, L M Molopa-Sethosa, R Mkhabela

The appeal was upheld because the application for compliance relief was not moot, as a live controversy persisted regarding whether the City had complied with the review orders. The appellants did not impermissibly introduce new matter in reply; their amendment and supplementary evidence responded to the City's defence and were permissible. The City breached its constitutional obligations by retrospectively recategorising properties and failing to provide adequate explanation for credits passed, rendering meaningful engagement impossible. The evidence established a bona fide dispute regarding…

Source excerpt

• Municipal Property Rates Act
• Enforcement Of Court Orders
• Statement And Debatement Of Account
• Retrospective Recategorisation
• Constitutional Obligations Of State
• Declaratory Relief

Ed-u College (Port Elizabth) NPC v Transnet Limited and Another (135/13,212/13)

Ed-u College (Port Elizabth) NPC v Transnet Limited and Another (135/13,212/13) [2015] ZAECPEHC 2 (13 January 2015)

Court

Eastern Cape High Court, Port Elizabeth

Case number

135/13,212/13

Judge

E Revelas

The High Court dismissed leave to appeal against refusal to set aside a writ of execution enforcing eviction of a private school from Transnet-owned premises.

• Eviction
• Right To Basic Education
• Commercial Lease
• Pacta Sunt Servanda
• Constitutional Obligations Of State
• Urgent Application

K.A.N. v Member Of The Executive Council For Social Development, Eastern Cape and Others (424)

K.A.N. v Member Of The Executive Council For Social Development, Eastern Cape and Others (424) [2014] ZAECBHC 5 (8 April 2014)

Court

Eastern Cape High Court, Bhisho

Case number

424

Judge

J.E Smith

The High Court ordered a foster child grant application to be processed, required a social worker’s care-and-protection report, and awarded costs against the respondents.

• Foster Child Grant
• Child Care And Protection
• Social Assistance Act
• Constitutional Obligations Of State
• Foster-child-grant
• Child-care-and-protection

Matabane Community v Minister of Rural Development And Land Reform and Others (LCC 99/2009)

Matabane Community v Minister of Rural Development And Land Reform and Others (LCC 99/2009) [2013] ZALCC 15 (30 October 2013)

Court

Land Claims Court

Case number

LCC 99/2009

Judge

E Bertelsmann

The court granted punitive costs against the Regional Land Claims Commissioner for delay and non-compliance, but declined to find contempt. It also directed steps to advance the restitution claim.

• Restitution Of Land Rights Act
• Constitutional Obligations Of State
• Punitive Costs
• Contempt Of Court
• Joinder Of Parties
• Delay In Administration