South Africa Case Law

Putco (Pty) Ltd v Head of Department of The Gauteng Department of Roads and Transport and Others (2022-012044)

Putco (Pty) Ltd v Head of Department of The Gauteng Department of Roads and Transport and Others (2022-012044) [2022] ZAGPPHC 647 (31 August 2022)

Court

North Gauteng High Court, Pretoria

Case number

2022-012044

Judge

Millar

The court found that the requirements for res judicata were met, as the parties, subject matter, and cause of action were identical to those in the 2016 judgment, which remains binding. No tacit contract arose in 2020, as the applicant expressly refused to accept any amendment to the escalation formula and continued to operate under the original agreements. The conduct of the parties did not establish consensus ad idem for a new contract. Clause 10.3 does not contravene the Constitution, PFMA, or DORA, as the contract predates the PFMA and DORA was only to apply for a specified period by agre…

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• Specific Performance
• Contractual Interpretation
• Tacit Contracts
• Division Of Revenue Act
• Public Finance Management Act

Minister of Social Development v SA Childcare (Pty) Ltd & Others; MEC, Social Development, Eastern Cape & Others v SA Childcare (Pty) Ltd & Others (71/2021)

Minister of Social Development v SA Childcare (Pty) Ltd & Others; MEC, Social Development, Eastern Cape & Others v SA Childcare (Pty) Ltd & Others (71/2021) [2022] ZASCA 119 (29 August 2022)

Court

Supreme Court of Appeal

Case number

71/2021

Judges

Ponnan, Plasket, Hughes, Tsoka, Savage

The Supreme Court of Appeal found that the High Court misdirected itself by failing to properly consider the version of the Minister and MECs, which was neither far-fetched nor uncreditworthy. The evidence showed that subsidies, excluding the nutrition component, continued to be paid to ECDs during the lockdown, and alternative measures were implemented to meet children's nutritional needs. The disputes of fact raised by the Minister and MECs were genuine and bona fide, and the respondents failed to establish a systemic breach of constitutional obligations. The relief granted by the High Cour…

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• Bill Of Rights Limitation
• Early Childhood Development
• Division Of Revenue Act
• Structural Interdict
• Disputes Of Fact On Motion
• Costs Orders

Minister of Social Development and Others v SA Childcare (Pty) Ltd and Others (36962/2020)

Minister of Social Development and Others v SA Childcare (Pty) Ltd and Others (36962/2020) [2020] ZAGPPHC 794 (14 December 2020)

Court

North Gauteng High Court, Pretoria

Case number

36962/2020

Judge

N Janse Van Nieuwenhuizen

The High Court granted the Minister leave to appeal on a narrow question about a statutory and constitutional duty under DORA, but dismissed the MECs' leave application with costs.

• Division Of Revenue Act
• Conditional Grants
• Early Childhood Development
• Public Finance Management Act
• Statutory Duty
• Constitutional Duty

Kosmos Ridge Homeowners' Association v Madibeng Local Municipality and Others (30085/09)

Kosmos Ridge Homeowners' Association v Madibeng Local Municipality and Others (30085/09) [2020] ZAGPPHC 565; 2022 (2) SA 207 (GP) (1 October 2020)

Court

North Gauteng High Court, Pretoria

Case number

30085/09

Judge

Fabricius

The court found that the relief sought by the applicant, namely an order compelling the Minister of Finance to ring-fence funds for the construction of a sewerage plant, is incompetent in law. The constitutional and statutory framework establishes the autonomy of municipalities and restricts intervention by national government to specific circumstances, notably section 139 of the Constitution, which was not applicable in this case. The powers of the National Treasury under the MFMA are limited to monitoring and, in cases of breach, stopping funds, not reallocating or ring-fencing them for par…

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• Municipal Autonomy
• Contempt Of Court
• Division Of Revenue Act
• Mandamus
• Constitutional Separation Of Powers
• Local Government Finance

Moore Stephens B & W v City of Matlosana Municipality (KP534/2018)

Moore Stephens B & W v City of Matlosana Municipality (KP534/2018) [2020] ZANWHC 40 (28 August 2020)

Court

North West High Court, Mafikeng

Case number

KP534/2018

Judge

Gura

The High Court granted the municipality leave to appeal against summary judgment, finding reasonable prospects that another court may reach a different result.

• Summary Judgment
• Leave To Appeal
• Municipal Services Contract
• Division Of Revenue Act
• Bona Fide Defence
• Leave-to-appeal

Member of he Executive Council of the Department of Co-Operative Governance, Human Settlements and Traditional Affairs, Free State Province v Scenic Route 802 CC and the 105 Further Respondents Listed in Annexure 1 of the Applicants Notice of Motion (A241/2016)

Member of he Executive Council of the Department of Co-Operative Governance, Human Settlements and Traditional Affairs, Free State Province v Scenic Route 802 CC and the 105 Further Respondents Listed in Annexure 1 of the Applicants Notice of Motion (A241/2016) [2019] ZAFSHC 147 (26 August 2019)

Court

Free State High Court, Bloemfontein

Case number

A241/2016

Judges

Loubser, Pohl

The court declared unlawful and set aside department agreements and payments made without proper procurement and in circumvention of the Division of Revenue Act.

• Unlawful Administrative Action
• Procurement Irregularities
• Division Of Revenue Act
• Unjust Enrichment
• Delay In Review
• Constitutional Compliance