South Africa Case Law

Mbashe Traditional Leaders in Municipal Council v Mbashe Local Municipality (1282/2012)

Mbashe Traditional Leaders in Municipal Council v Mbashe Local Municipality (1282/2012) [2013] ZAECMHC 27 (26 September 2013)

Court

Eastern Cape High Court, Mthatha

Case number

1282/2012

Judge

F.B.A Dawood

The court dismissed an application by traditional leaders seeking increased allowances, holding that section 81 of the Municipal Structures Act covers only out-of-pocket expenses.

• Municipal Structures Act
• Remuneration Of Public Office Bearers
• Out Of Pocket Expenses
• Council Resolutions
• Statutory Entitlement
• Municipal-structures-act

Tsantsabane Municipality v Thabula Trade & Investemnt (Pty) Ltd and Another (1114/06)

Tsantsabane Municipality v Thabula Trade & Investemnt (Pty) Ltd and Another (1114/06) [2012] ZANCHC 5; [2012] 4 All SA 219 (NCK) (18 May 2012)

Court

Northern Cape High Court, Kimberley

Case number

1114/06

Judges

Kgomo JP, Olivier J, Pakati AJ

The appeal was upheld on all grounds. The court found that the contracts for the sale of the Postmasburg Golf Course were invalid due to multiple defects: the identity of the purchaser in the contracts did not match the council resolution; the property was not sufficiently identified in the written agreements; the contracts failed to comply with section 2(1) of the Alienation of Land Act, which requires all material terms to be in writing; and the sale process did not comply with section 14(2) of the Municipal Finance Management Act, which mandates a public council decision and consideration…

Source excerpt

• Alienation Of Land Act
• Municipal Finance Management Act
• Identification Of Merx
• Authority To Contract
• Council Resolutions
• Public Procurement