South Africa Case Law

Mohlaba and Others v Minister of Cooperative Governance and Traditional Affairs and Others (CCT 07/24)

Mohlaba and Others v Minister of Cooperative Governance and Traditional Affairs and Others (CCT 07/24) [2024] ZACC 32; 2025 (4) BCLR 442 (CC) (20 December 2024)

Court

Constitutional Court

Case number

CCT 07/24

Judges

Madlanga ADCJ, Kollapen J, Majiedt J, Mathopo J, Rogers J, Seegobin AJ, Theron J, Tolmay AJ, Tshiqi J

Section 25 of the Limpopo Traditional Leadership and Institutions Act 6 of 2005 is unconstitutional because it unlawfully delegates the power to impose compulsory levies (taxes) to traditional councils and the Premier, contrary to the Constitution which reserves taxing powers for elected legislative bodies and prohibits such delegation. The levies imposed under section 25 are compulsory, uniformly applied, paid into a general fund, and used for general purposes, meeting all criteria for a tax. Traditional leaders, as unelected bodies, have no constitutional or customary law authority to impos…

Source excerpt

• Taxing Power
• Customary Law
• Delegation Of Legislative Power
• Limpopo Traditional Leadership And Institutions Act
• Constitutional Invalidity
• Costs Against State

M Magigaba Incorporated Attorneys and Another v Legal Aid South Africa and Others (LCC147/2008; LCC 191/2008; LCC 05/2014)

M Magigaba Incorporated Attorneys and Another v Legal Aid South Africa and Others (LCC147/2008; LCC 191/2008; LCC 05/2014) [2024] ZALCC 9; [2024] 2 All SA 407 (LCC) (4 March 2024)

Court

Land Claims Court

Case number

LCC147/2008; LCC 191/2008; LCC 05/2014

Judge

Spilg

The Land Claims Court held that Legal Aid South Africa had not terminated the applicants’ mandate and must pay assessed or taxed fees and disbursements once accreditation was completed.

• Restitution Of Land Rights Act
• Legal Aid Accreditation
• Mandate And Estoppel
• Urgent Applications
• Costs Against State
• Ubuntu In Contract

Malema and Another v Dr Ruth Segomotsi Mompati District Municipality and Others (UM68/2021)

Malema and Another v Dr Ruth Segomotsi Mompati District Municipality and Others (UM68/2021) [2021] ZANWHC 59 (20 May 2021)

Court

North West High Court, Mafikeng

Case number

UM68/2021

Judge

Makoti

The court found that the suspensions of the applicants were unlawful and invalid, as they were effected in breach of legislative and policy requirements, specifically regulation 6 of the Disciplinary Regulations. The acting municipal manager who effected the suspensions was not lawfully appointed under s 54A of the Municipal Systems Act, rendering his actions ultra vires and null and void. The respondents failed to demonstrate any factual basis for the urgency or necessity of the suspensions, and their justifications were found to be contrived and unsupported by evidence. The suspensions were…

Source excerpt

• Precautionary Suspension
• Legality Of Administrative Action
• Municipal Manager Appointment
• Rule Of Law
• Urgent Interdict
• Costs Against State