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South Africa Case Law

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Administrative Law [2025] ZANWHC 47

Councillor Godsend Mokgope v Ratlou Local Municipality and Others (Reasons) (342/2025)

Councillor Godsend Mokgope v Ratlou Local Municipality and Others (Reasons) (342/2025) [2025] ZANWHC 47 (6 March 2025)

The High Court dismissed an urgent bid to interdict a council meeting, finding the notice was valid under Ratlou Municipality’s adopted Rule 10 and caused no prejudice.

  • Municipal Meeting Notice
  • Service Of Process
  • Standing Rules Of Order
  • Constitutional Powers Of Municipalities
  • Municipal-law
  • Local-government
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Administrative Law [2014] ZAGPPHC 85

Anglogold Ashanti Ltd v Merafong City Local Municipality and Others (23558/2011)

Anglogold Ashanti Ltd v Merafong City Local Municipality and Others (23558/2011) [2014] ZAGPPHC 85 (26 February 2014)

The court held that the municipality's powers to impose surcharges on water supplied for industrial and domestic use are subject to national legislation, specifically the Water Services Act and the Constitution. The Minister's ruling under section 8(9) of the Water Services Act, which prohibits surcharges on industrial water and requires negotiation of reasonable tariffs for domestic water, is binding on the municipality unless set aside by a competent court. AngloGold's application for approval under sections 6 and 7 of the Water Services Act was properly conceived, as the municipality had n…

  • Water Services Act
  • Municipal Tariffs
  • Ministerial Appeal
  • Surcharge On Services
  • Constitutional Powers Of Municipalities
  • Judicial Review
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Administrative Law [2012] ZASCA 153

Liebenberg NO and Others v Bergrivier Municipality (737/2011)

Liebenberg NO and Others v Bergrivier Municipality (737/2011) [2012] ZASCA 153; [2012] 4 All SA 626 (SCA) (1 October 2012)

The Supreme Court of Appeal held that s 10G(7) of the Local Government Transition Act remained operative until 2011 due to the transitional provisions in the Finance Act and the Rates Act. The Municipality was empowered to levy rates under s 10G(7) throughout the relevant period, and the procedures for levying rates were governed by the Finance Act after its commencement. The court found that the Municipality substantially complied with the statutory requirements for notice, objection, and public participation, and that any administrative shortcomings did not invalidate the rates. The rates i…

  • Municipal Rates
  • Local Government Transition Act
  • Substantial Compliance
  • Public Participation
  • Constitutional Powers Of Municipalities
  • Retrospective Rating
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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.