South Africa Case Law

Gold Circle Proprietary Ltd v Kwa-Zulu Natal Gaming and Betting Board and Others (9101/2023P)

Gold Circle Proprietary Ltd v Kwa-Zulu Natal Gaming and Betting Board and Others (9101/2023P) [2025] ZAKZPHC 18 (14 February 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

9101/2023P

Judge

Poyo Dlwati JP

The court held that Gold Circle is entitled to the 3% tax distribution only for bets placed on horse races staged at its licensed racecourses, as specified in its licence, and not for races held elsewhere or internationally. The Board’s withholding of all payments was unlawful, and Gold Circle had a legitimate expectation of payment based on statutory provisions and longstanding practice. The Board’s opposition to the main application was without merit and amounted to an abuse of process, justifying a punitive costs order on the attorney and client scale. However, the court declined to hold i…

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• Distribution Of Gambling Taxes
• Statutory Interpretation
• Provincial Revenue Fund
• Intergovernmental Dispute Resolution
• Personal Costs Orders
• Strike Out Application

Emfuleni Local Municipality and Another v Eskom Holdings SOC Ltd and Others (104254/2024)

Emfuleni Local Municipality and Another v Eskom Holdings SOC Ltd and Others (104254/2024) [2024] ZAGPPHC 1138 (11 November 2024)

Court

North Gauteng High Court, Pretoria

Case number

104254/2024

Judge

Neukircher

The court found that National Treasury had not terminated Emfuleni's participation in the National Debt Relief Program, as confirmed by Treasury's communication on 23 September 2024. Accordingly, Eskom was not entitled to enforce historical debt judgments or attach Emfuleni's bank accounts while the municipality remained a participant. The attachment caused ongoing irreparable harm by preventing Emfuleni from fulfilling statutory and constitutional obligations. The requirements for a stay of execution were met, as real and substantial injustice would result if the writ was not suspended pendi…

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• Municipal Debt Relief Programme
• Stay Of Execution
• Writ Of Attachment
• Constitutional Obligations Of Municipalities
• Intergovernmental Dispute Resolution
• Contempt Of Court

MEC for the Co-Operative Governance and Traditional Affairs, KwaZulu-Natal v Nongoma Local Municipality and Others (2565/2022P)

MEC for the Co-Operative Governance and Traditional Affairs, KwaZulu-Natal v Nongoma Local Municipality and Others (2565/2022P) [2024] ZAKZPHC 59 (31 July 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

2565/2022P

Judge

Notyesi

The court held that municipal councils possess constitutional and statutory autonomy to determine the size of their executive committees, including the power to reduce such size after the initial determination at the inaugural council meeting, provided the process is lawful and complies with statutory limits. The Structures Act does not prohibit councils from reducing the number of executive committee members, and the interpretation advanced by the MEC would lead to absurd and unbusinesslike results, undermining effective and efficient governance. The oversight role of the MEC does not extend…

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• Municipal Structures Act
• Local Government Autonomy
• Executive Committee Composition
• Statutory Interpretation
• Intergovernmental Dispute Resolution
• Locus Standi

Eskom Holdings Soc Ltd v Lekwa Ratepayers Association and Others; Eskom Holdings Soc Ltd v Vaal River Development Association (Pty) Ltd and Others (870/2020)

Eskom Holdings Soc Ltd v Lekwa Ratepayers Association and Others; Eskom Holdings Soc Ltd v Vaal River Development Association (Pty) Ltd and Others (870/2020) [2022] ZASCA 10; [2022] 1 All SA 642 (SCA); 2022 (4) SA 78 (SCA) (21 January 2022)

Court

Supreme Court of Appeal

Case number

870/2020

Judges

Dambuza, Van der Merwe, Gorven, Meyer, Kgoele

The Supreme Court of Appeal held that Eskom, as an organ of state, was not constitutionally or statutorily permitted to unilaterally reduce bulk electricity supply to the Ngwathe and Lekwa municipalities to historic, contractually agreed NMD levels without first making every reasonable effort, in collaboration with the municipalities and other state role-players, to settle the intergovernmental disputes as required by the Intergovernmental Relations Framework Act and section 41 of the Constitution. Eskom's decisions rendered the municipalities unable to fulfil their constitutional obligations…

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• Intergovernmental Dispute Resolution
• Interim Interdict
• Electricity Supply
• Promotion Of Administrative Justice Act
• Municipal Services
• Cooperative Governance

Oliver Reginald Tambo District Municipality v Independent Electoral Commission and Others (1995/2021)

Oliver Reginald Tambo District Municipality v Independent Electoral Commission and Others (1995/2021) [2021] ZAECMHC 31 (24 August 2021)

Court

Eastern Cape High Court, Mthatha

Case number

1995/2021

Judge

R W N Brooks

The court found that the appointment of Mr Madzidzela as acting municipal manager was unlawful and in direct contravention of the council's resolution, which had appointed Ms Dunywa for a three-month period. The communication sent by Mr Madzidzela to the first respondent was invalid, as he was not lawfully appointed. The first respondent's acceptance and action upon this communication, resulting in the replacement of district councillors, was likewise unlawful and inconsistent with the Constitution. The applicant had made reasonable efforts to resolve the intergovernmental dispute, as evidenc…

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• Municipal Structures Act
• Intergovernmental Dispute Resolution
• Appointment Of Municipal Manager
• Review Of Administrative Action
• Councillor Replacement
• Urgency In Motion Proceedings

Eskom Holdings SOC Ltd v Nketoana Local Municipality (1222/2018)

Eskom Holdings SOC Ltd v Nketoana Local Municipality (1222/2018) [2021] ZAFSHC 102 (6 May 2021)

Court

Free State High Court, Bloemfontein

Case number

1222/2018

Judge

P. J. Loubser

Leave to appeal was dismissed in a dispute over Eskom’s interruption of electricity supply to Nketoana Local Municipality.

• Intergovernmental Dispute Resolution
• Electricity Supply Interruption
• Section 41 Constitution
• Interim Interdict
• Municipal Debt
• Administrative Process Requirements

Nketoana Local Municipality v Eskom Holdings (SOC) Limited (1222/2018)

Nketoana Local Municipality v Eskom Holdings (SOC) Limited (1222/2018) [2021] ZAFSHC 1 (7 January 2021)

Court

Free State High Court, Bloemfontein

Case number

1222/2018

Judge

P.J. Loubser

The court found that while Eskom was entitled to interrupt electricity supply under the relevant agreements and legislation due to the municipality's breach of payment obligations, such action was subject to constitutional and statutory constraints. Eskom's decision to interrupt supply did not meet the requirements of rationality and reasonableness, as it would not ensure payment of arrears and would cause severe hardship to residents. Furthermore, Eskom's conduct amounted to unconstitutional self-help, as it failed to exhaust available intergovernmental dispute resolution mechanisms. The mun…

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• Interim Interdict
• Municipal Indebtedness
• Electricity Supply Agreements
• Self Help Prohibition
• Intergovernmental Dispute Resolution
• Promotion Of Administrative Justice Act