Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Administrative Law [2023] ZASCA 168

Kouga Local Municipality v St Francis Bay (Ward 12) Concerned Residents Association and Others (1056/2022)

Kouga Local Municipality v St Francis Bay (Ward 12) Concerned Residents Association and Others (1056/2022) [2023] ZASCA 168; 2024 (4) SA 70 (SCA) (1 December 2023)

Court
Supreme Court of Appeal
Case number
1056/2022
Judges
Nicholls, Mabindla-Boqwana, Binns-Ward, Masipa, Unterhalter

Section 22 of the Municipal Property Rates Act does not prescribe who must initiate the process for establishing a special rating area. The Kouga Local Municipality’s rates policy, which allows ratepayers or a non-profit company to apply for the establishment of an SRA, is consistent with the Act and does not constitute an unlawful delegation of municipal powers. The municipality retains oversight and supervisory functions throughout the process, and the establishment of a management body to implement the approved business plan is permissible. The financial arrangements between the municipali…

Source excerpt

  • Municipal Property Rates Act
  • Special Rating Areas
  • Delegation Of Municipal Powers
  • Public Participation
  • Judicial Review
  • Local Government Powers
Read case analysis
Administrative Law [2015] ZASCA 135

Randburg Management District v West Dunes Properties (451/2013)

Randburg Management District v West Dunes Properties (451/2013) [2015] ZASCA 135; [2016] 1 All SA 59 (SCA); 2016 (2) SA 293 (SCA) (30 September 2015)

Court
Supreme Court of Appeal
Case number
451/2013
Judges
Leach, Tshiqi, Theron, Willis, Mathopo

The Supreme Court of Appeal held that the Randburg CID was not lawfully established because the approval of its formation was made by the mayoral committee, not the municipal council itself. Section 160(2)(c) of the Constitution prohibits delegation of the power to impose rates, taxes, levies, and duties, and the Municipal Systems Act reinforces this prohibition. The appellant failed to provide documentary or direct evidence that the municipal council itself approved the CID plan. Even if delegation had occurred, it would have been unlawful. Furthermore, the levies imposed by the CID were not…

Source excerpt

  • Delegation Of Municipal Powers
  • City Improvement Districts
  • Levies And Rates
  • Constitutional Limitations On Local Government
  • Gauteng City Improvement Districts Act
  • Municipal Systems Act
Read case analysis
Administrative Law [2005] ZAWCHC 39

South African Municipal Workers Union v City of Cape Town and Others (1490/04)

South African Municipal Workers Union v City of Cape Town and Others (1490/04) [2005] ZAWCHC 39; (2005) 26 ILJ 1606 (C) (31 May 2005)

Court
Western Cape High Court, Cape Town
Case number
1490/04
Judges
Van Zyl, Motala

The court found that the applicant failed to make out a case for relief. The City of Cape Town had substantially complied with its obligations under the Municipal Systems Act by consulting with the local community and affected parties regarding the sale of the market. The disposal of the market was a policy decision, not an administrative action, and thus not subject to review under section 33 of the Constitution. The process agreement had either lapsed or was not applicable to the sale of the market and abattoir, and any disputes regarding its interpretation or application fell within the ex…

Source excerpt

  • Promotion Of Administrative Justice Act
  • Municipal Systems Act Consultation
  • Collective Agreements
  • Delegation Of Municipal Powers
  • Privatisation Of Municipal Services
  • Interim Interdict
Read case analysis

About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.