South Africa Case Law

Mafube Business Forum and Others v Premier of the Free State Province and Others (A23/2024)

Mafube Business Forum and Others v Premier of the Free State Province and Others (A23/2024) [2025] ZAFSHC 93 (25 March 2025)

Court

Free State High Court, Bloemfontein

Case number

A23/2024

Judges

Daffue, Chesiwe, Hefer

Full bench upheld an appeal over Mafube’s sewerage pollution and non-compliance, granting declaratory, mandatory and supervisory relief.

• Structural Interdict
• Municipal Maladministration
• Failure To Comply With Court Orders
• Environmental Pollution
• Financial Recovery Plan
• Supervisory Order

Rural Maintenance (Pty) Ltd and Another v Minister of Finance and Others (6068.2023)

Rural Maintenance (Pty) Ltd and Another v Minister of Finance and Others (6068.2023) [2024] ZAFSHC 408 (30 December 2024)

Court

Free State High Court, Bloemfontein

Case number

6068/2023

Judge

N S Daniso

The court held that the obligation to produce a record under Rule 53(1)(b) does not depend on the prior establishment of review jurisdiction. The entitlement to the record arises as of right once review proceedings are instituted, and the merits of reviewability are for determination in the main application, not at the interlocutory stage. The financial recovery plan materially affects the applicants' rights and is subject to review. National Treasury's refusal to provide the record was unjustified and infringed the applicants' constitutional rights to access to court and a fair hearing. The…

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• Rule 53 Record Production
• Reviewability Of Administrative Action
• Financial Recovery Plan
• Municipal Intervention
• Costs Award

Democratic Alliance v Premier of the Free State Province and Others (1623/2024)

Democratic Alliance v Premier of the Free State Province and Others (1623/2024) [2024] ZAFSHC 338 (22 October 2024)

Court

Free State High Court, Bloemfontein

Case number

1623/2024

Judge

Van Rhyn

High Court declared Matjhabeng Municipality in breach of constitutional duties and ordered provincial or national intervention, a recovery plan, and costs.

• Municipal Duties
• Financial Recovery Plan
• Constitutional Invalidity
• Cooperative Government
• Service Delivery Failure
• Structural Interdict

Mafube Business Forum and Others v Premier of the Free State Province and Others (6435/2022)

Mafube Business Forum and Others v Premier of the Free State Province and Others (6435/2022) [2023] ZAFSHC 377 (3 October 2023)

Court

Free State High Court, Bloemfontein

Case number

6435/2022

Judge

Molitsoane

The court found that while there was delay and lack of urgency in the Respondents' compliance with the two previous court orders, the evidence showed that steps were taken to comply, including the appointment of an intervention team, approval of a budget, initiation of a financial recovery plan, and procurement for emergency overflow ponds. The court held that the Applicants failed to prove wilful and mala fide non-compliance by the Respondents. Furthermore, the application for committal of the Premier was fatally defective due to lack of personal service and citation in his personal capacity…

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• Contempt Of Court
• Municipal Intervention
• Service Delivery Failure
• Sewage Spillage
• Financial Recovery Plan
• Constitutional Obligations

Mafube Business Forum and Another v Mafube Local Municipality and Others (1969/2021)

Mafube Business Forum and Another v Mafube Local Municipality and Others (1969/2021) [2022] ZAFSHC 86 (28 April 2022)

Court

Free State High Court, Bloemfontein

Case number

1969/2021

Judge

I Van Rhyn

The court found that the Mafube Local Municipality and associated respondents are in persistent breach of their constitutional and legislative obligations to provide basic services and meet financial commitments. The provincial executive's intervention under section 139(1)(b) failed to resolve the Municipality's crises, and the jurisdictional facts for mandatory provincial intervention under section 139(4) and (5) are present and have been for some time. However, the court held that national intervention under section 139(7) is only permissible after the province has implemented mandatory int…

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• Municipal Failure To Provide Basic Services
• Section 139 Intervention
• Financial Recovery Plan
• Structural Interdict
• Community Participation
• Constitutional Invalidity

Executive Council of the Western Cape Province and Others v Kannaland Local Municipality and Others (229/2021)

Executive Council of the Western Cape Province and Others v Kannaland Local Municipality and Others (229/2021) [2021] ZAWCHC 208 (7 October 2021)

Court

Western Cape High Court, Cape Town

Case number

229/2021

Judge

Lekhuleni

The court found that the provincial executive's intervention in Kannaland Local Municipality was unlawful and unconstitutional. The provincial executive failed to comply with the mandatory procedural requirements of section 139(5) of the Constitution and the MFMA, specifically by delegating the preparation of the financial recovery plan to the provincial treasury instead of the Municipal Financial Recovery Service (MFRS) of the national treasury. This usurpation of statutory duties violated the principle of legality and the separation of powers. Furthermore, the appointment of an Administrato…

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• Provincial Intervention In Local Government
• Financial Recovery Plan
• Separation Of Powers
• Legality Principle
• Appointment Of Administrator
• Termination Of Intervention