South Africa Case Law

Manana v King Sabata Dalindyebo Local Municipality (PA01/2024)

Manana v King Sabata Dalindyebo Local Municipality (PA01/2024) [2025] ZALAC 27; (2025) 46 ILJ 1899 (LAC) (7 May 2025)

Court

Labour Appeal Court

Case number

PA 01/2024

Judges

Van Niekerk, Nkutha-Nkontwana, Mooki

The appeal was dismissed because the principle of ostensible authority cannot override statutory requirements for delegation of authority in organs of state. Section 59 of the Municipal Systems Act requires written delegation and council approval for sub-delegation of authority to settle disputes. Mr Nodo lacked such authority, and his unilateral actions could not bind the Municipality. The invocation of ostensible authority or estoppel is untenable where the legality principle is implicated, as courts cannot sanction illegality. The Labour Court correctly found that the Municipality was not…

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• Enforcement Of Settlement Agreement
• Ostensible Authority
• Delegation Of Powers
• Principle Of Legality
• Municipal Systems Act
• Costs In Labour Matters

Technovaa Packaging Industries (Pty) Ltd v Main Street 1051 (Pty) Ltd t/a Nashua Durban (AR319/23)

Technovaa Packaging Industries (Pty) Ltd v Main Street 1051 (Pty) Ltd t/a Nashua Durban (AR319/23) [2025] ZAKZPHC 14 (7 February 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR319/23

Judges

Steyn, Masipa, Gajoo

The court held that a tax-limited resolution did not authorise commercial lease agreements or further delegation, and it upheld the appellant’s counterclaim.

• Corporate Authority
• Delegation Of Powers
• Unjust Enrichment
• Prescription
• Agency Law
• Corporate-authority

Land and Agricultural Development Bank of South Africa v Kinros Estates (Pty) Ltd and Another (Leave to Appeal) (218/2023)

Land and Agricultural Development Bank of South Africa v Kinros Estates (Pty) Ltd and Another (Leave to Appeal) (218/2023) [2024] ZAECMKHC 140 (25 November 2024)

Court

Eastern Cape High Court, Makhanda

Case number

218/2023

Judge

Laing

The High Court granted leave to appeal over whether a loan agreement was properly authorised under the Bank’s delegation of powers and whether the signatures were sufficient.

• Loan Agreement Authorisation
• Delegation Of Powers
• Leave To Appeal
• Contract Enforceability
• Leave-to-appeal
• Loan-agreement-authorisation

Maximum Profit Recovery (Pty) Limited v Rustenburg Local Municipality and Others (CIV APP FB 22/2023)

Maximum Profit Recovery (Pty) Limited v Rustenburg Local Municipality and Others (CIV APP FB 22/2023) [2024] ZANWHC 229; [2025] 1 All SA 441 (NWM) (11 September 2024)

Court

North West High Court, Mafikeng

Case number

CIV APP FB 22/2023

Judges

A H Petersen, R D Hendricks, J T Djaje

The court held that the Municipal Manager awarded the tender under delegated authority as per the Municipality's Supply Chain Management Policy and the Municipal Systems Act. Therefore, the appellant was required to exhaust the internal remedy provided by section 62(1) of the Municipal Systems Act before approaching the court for judicial review. The appellant failed to lodge an internal appeal within the prescribed period and did not apply for exemption under section 7(2)(c) of PAJA. The court found that rights had not accrued to the joint venture until the signing of the Service Level Agree…

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• Exhaustion Of Internal Remedies
• Municipal Tender Awards
• Delegation Of Powers
• Accrual Of Rights
• Promotion Of Administrative Justice Act
• Local Government Municipal Systems Act

Mkono and Another v MEC for Co-operative Governane and Traditional Affairs Eastern Cape and Others (3603/2021)

Mkono and Another v MEC for Co-operative Governane and Traditional Affairs Eastern Cape and Others (3603/2021) [2024] ZAECMHC 22 (30 April 2024)

Court

Eastern Cape High Court, Mthatha

Case number

3603/2021

Judge

Cengani-Mbakaza

Review of a headmanship succession decision dismissed. The court held the MEC acted lawfully under delegated powers and the process was procedurally fair.

• Judicial Review
• Customary Law Succession
• Traditional Leadership Recognition
• Procedural Fairness
• Delegation Of Powers
• Judicial-review

Legal Practitioners Indemnity Insurance Fund NPC and Others v Road Accident Fund and Others (046038/2022)

Legal Practitioners Indemnity Insurance Fund NPC and Others v Road Accident Fund and Others (046038/2022) [2024] ZAGPPHC 294; 2024 (4) SA 594 (GP) (20 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

046038/2022

Judges

Molopa-Sethosa, Unterhalter, Motha

The court found that both the Board Notice and the RAF 1 Form constitute administrative action under PAJA. The Minister failed to provide evidence of proper consideration of the requirements of the RAF Act, the constitutional rights of claimants, or adherence to procedural fairness, including public participation as required by PAJA. The adoption of the RAF 1 Form was motivated by resolving a dispute over regulatory authority rather than substantive consideration of the form's contents. The RAF acted ultra vires in publishing the Board Notice, encroaching upon powers reserved for the Minister…

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• Promotion Of Administrative Justice Act
• Ultra Vires
• Procedural Fairness
• Bill Of Rights Limitation
• Delegation Of Powers
• Rationality And Legality

Matjhabeng Local Municipality v MC Security & Investigations and Others (3945/2023)

Matjhabeng Local Municipality v MC Security & Investigations and Others (3945/2023) [2024] ZAFSHC 44 (15 February 2024)

Court

Free State High Court, Bloemfontein

Case number

3945/2023

Judge

Van Zyl

The court held that the municipality’s manager lacked delegated authority to bring the urgent proceedings, discharged the rule nisi, and awarded attorney-and-client costs.

• Authority Of Municipal Manager
• Delegation Of Powers
• Urgent Interdict
• Rule Nisi
• Punitive Costs
• Municipal-manager-authority

Transnat Durban (Pty) Ltd v Ethekwini Municipality and Another (D1710/2020)

Transnat Durban (Pty) Ltd v Ethekwini Municipality and Another (D1710/2020) [2023] ZAKZDHC 48 (26 July 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

D1710/2020

Judge

Sanders AJ

The High Court reviewed and set aside a municipal decision inviting expressions of interest for an Operations Management Company, finding it ultra vires and contrary to legality.

• Promotion Of Administrative Justice Act
• Legality Review
• Municipal Entity Formation
• Delegation Of Powers
• Local Government Systems Act
• Administrative-law

Matjhabeng Local Municipality v MC Security and Investigations and Others (962/2023)

Matjhabeng Local Municipality v MC Security and Investigations and Others (962/2023) [2023] ZAFSHC 284 (24 July 2023)

Court

Free State High Court, Bloemfontein

Case number

962/2023

Judge

P. E. Molitsoane

The High Court set aside an ex parte order after finding the municipal manager lacked valid authority under an expired council delegation and awarded attorney-and-client costs.

• Authority To Institute Proceedings
• Municipal Systems Act
• Delegation Of Powers
• Ex Parte Applications
• Rule Nisi
• Costs Punitive

South African Legal Practice Council v Oosthuizen (621/2023)

South African Legal Practice Council v Oosthuizen (621/2023) [2023] ZAFSHC 250 (19 June 2023)

Court

Free State High Court, Bloemfontein

Case number

621/2023

Judges

Molitsoane, Van Rhyn

The court held that the Legal Practice Council is not entitled to seek further relief after its Disciplinary Committee has imposed and implemented a sanction on the respondent. The disciplinary proceedings constituted administrative action, and the respondent's rights vested upon compliance with the imposed sanction. The LPC did not allege any new facts or irrationality in the prior decision, nor did it seek to review or set aside the sanction. The application was not made in pursuance of section 40 of the Legal Practice Act, nor was there any basis for the court to impose a more stringent sa…

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• Disciplinary Sanctions
• Legal Practitioners Removal
• Delegation Of Powers
• Promotion Of Administrative Justice Act