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South Africa decisions
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Ba-Phalaborwa Municipality v Tipuprox (Pty) Ltd and Another (030618/2023) [2025] ZAGPPHC 288 (14 March 2025)
The High Court dismissed Ba-Phalaborwa Municipality’s application to set aside an arbitration award because it failed to prove council authority to litigate.
King Sabatha Dalindyebo Municipality v Bhekezantsi (2088/2024) [2024] ZAECMHC 88 (24 October 2024)
The court found that the Municipality failed to provide sufficient proof of authority to institute proceedings, as a letter from its legal adviser does not constitute a council resolution or written delegation. The Municipality acts through its council, and authority to litigate must be properly conferred. The Respondent's challenge under Rule 7(1) was upheld, as the Municipality did not object to the timing of the notice in its papers and thus impliedly consented to its consideration. The court granted the Municipality leave to supplement its founding affidavit and amend its notice of motion…
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Matjhabeng Municipality v Njilo (A261/2013) [2014] ZAFSHC 219 (11 December 2014)
The court held that section 55(1) of the Municipal Systems Act does not authorise a municipal manager to act as agent of a municipality in launching an application in court. The executive authority to institute legal proceedings is vested in the municipal council, and any delegation of such authority must be in writing or by council resolution. The appellant failed to provide evidence of such delegation or resolution empowering the municipal manager to act in this matter. The mere appointment of a municipal manager and reliance on statutory provisions regarding administrative responsibilities…
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