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
3 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 [2018] ZANCHC 42

Oranje Watersport CC v Dawid Kruiper Local Municipality and Others (2150/2016)

Oranje Watersport CC v Dawid Kruiper Local Municipality and Others (2150/2016) [2018] ZANCHC 42 (6 July 2018)

Court
Northern Cape High Court, Kimberley
Case number
2150/2016
Judges
Phatsoane ADJP, Lever AJ

The court found that the applicant was not required to exhaust internal remedies under the supply chain management policy or section 62 of the Municipal Systems Act, as the record of decision was not provided and accrued rights had vested in the second respondent. Section 124 of Ordinance 20 of 1974 was held to be impliedly repealed by the MFMA and its regulations, which now comprehensively regulate the disposal of municipal assets. The requirements of section 14 of the MFMA were satisfied: the council considered the sale in a public meeting, addressed market value and community value, and en…

Source excerpt

  • Municipal Asset Disposal
  • Internal Remedies Exhaustion
  • Promotion Of Administrative Justice Act
  • Public Tender Process
  • Basic Municipal Services
  • Implied Repeal
Read case analysis
Administrative Law [2010] ZASCA 17

Majomatic 115 (Pty) Ltd v Kouga Municipality and Others (303/2009)

Majomatic 115 (Pty) Ltd v Kouga Municipality and Others (303/2009) [2010] ZASCA 17; [2010] 3 All SA 415 (SCA) (18 March 2010)

Court
Supreme Court of Appeal
Case number
303/2009
Judges
Mthiyane, Cachalia, Leach, Majiedt, Saldulker

The Supreme Court of Appeal held that the relevant provisions of the Municipal Ordinance 20 of 1974 (Cape), specifically sections 124(2) and the non-offensive portions of section 124(1), remained in force after the advent of the Constitution, except to the extent of any inconsistency. The oversight powers of the Premier were inconsistent with the Constitution and should be disregarded, but the procedural requirements for advertising and considering objections to the sale of municipal property survived. The Local Government Transition Act did not provide alternative procedures for the alienati…

Source excerpt

  • Alienation Of Municipal Property
  • Implied Repeal
  • Constitutional Consistency
  • Municipal Ordinance
  • Procedural Compliance
Read case analysis
Administrative Law [2007] ZASCA 1

CDA Boerdery (Edms) Bpk en Andere v Nelson Mandela Metropolitan Municipality (526/05)

CDA Boerdery (Edms) Bpk en Andere v Nelson Mandela Metropolitan Municipality (526/05) [2007] ZASCA 1; 2007 (4) SA 276 (SCA); 69 SATC 177 (6 February 2007)

Court
Supreme Court of Appeal
Case number
526/05
Judges
MPATI, CAMERON, MTHIYANE, CONRADIE, THERON

The majority held that the requirement for Premier's approval under section 82(1)(a) of the Municipal Ordinance was impliedly repealed by the constitutional transition and the enactment of the Local Government Transition Act. The new constitutional order conferred independent status and original powers on municipalities, rendering the old approval requirement incompatible with the enhanced autonomy of local government. The municipality was therefore not obliged to obtain the Premier's approval for rates above two cents in the Rand. The court further found that the rates imposed were not arbit…

Source excerpt

  • Municipal Property Rates
  • Implied Repeal
  • Constitutional Transition
  • Valuation Of Property
  • Premier Approval Requirement
Read case analysis
Constitutional Law [2002] ZAFSHC 5

United Greyhound Racing and Breeders Society (UGRABS) v Vrystaat Dobbel en Wreden Raad and Others (4095/2001)

United Greyhound Racing and Breeders Society (UGRABS) v Vrystaat Dobbel en Wreden Raad and Others (4095/2001) [2002] ZAFSHC 5; 2003 (2) SA 269 (O) (20 June 2002)

Court
Free State High Court, Bloemfontein
Case number
4095/2001
Judge
Hancke, R

The court found that the applicant failed to establish any factual basis for the relief sought. Ordinance 11 of 1976 had not lapsed through non-use, as its provisions were periodically enforced and warnings issued to members of the applicant. The requirements for abrogation by disuse were not met. The Free State Gambling and Racing Act 6 of 1996 did not impliedly repeal Ordinance 11 of 1976, as the statutes addressed different subjects and there was no clear legislative intent to repeal. The applicant did not provide sufficient facts to support the claim of unconstitutionality; the rights to…

Source excerpt

  • Statutory Abrogation By Disuse
  • Implied Repeal
  • Constitutional Right To Assembly
  • Equality Clause
  • Freedom Of Occupation
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.