South Africa Case Law

Nongoma Local Municipality v Member of the Executive Council for Cooperative Governance and Traditional Affairs (KwaZulu-Natal) and Others (11032/2024P)

Nongoma Local Municipality v Member of the Executive Council for Cooperative Governance and Traditional Affairs (KwaZulu-Natal) and Others (11032/2024P) [2024] ZAKZPHC 83 (31 July 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

11032/2024P

Judge

P C Bezuidenhout

The High Court set aside the MEC’s attempted secondment of municipal officials and suspended the extension dispute, finding the council and MEC acted without proper authority.

• Municipal Systems Act
• Acting Appointments
• Secondment Of Officials
• Ultra Vires Decision
• Intergovernmental Relations
• Urgency In Application

Nongoma Local Municipality and Others v MEC for Cooperative Governance and Traditional Affairs (KwaZulu-Natal) and Others (846/2023P)

Nongoma Local Municipality and Others v MEC for Cooperative Governance and Traditional Affairs (KwaZulu-Natal) and Others (846/2023P) [2023] ZAKZPHC 73 (3 July 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

846/2023P

Judge

Mathenjwa

The High Court dismissed Nongoma Local Municipality’s review, upheld the MEC’s designation of a chair for a council meeting, and discharged the interim rule nisi.

• Municipal Structures Act
• Jurisdictional Facts
• Audi Alteram Partem
• Rationality Review
• Constitutional Challenge
• Intergovernmental Relations

Adonisi and Others v Minister for Transport and Public Works: Western Cape and Others; Minister of Human Settlements and Others v Premier of the Western Cape Province and Others (7908/2017, 12327/2017)

Adonisi and Others v Minister for Transport and Public Works: Western Cape and Others; Minister of Human Settlements and Others v Premier of the Western Cape Province and Others (7908/2017, 12327/2017) [2021] ZAWCHC 73 (23 April 2021)

Court

Western Cape High Court, Cape Town

Case number

7908/2017, 12327/2017

Judges

P.A.L. Gamble, M.I. Samela

The court found that the Province and City failed to comply with their constitutional and statutory obligations to foster access to land and adequate housing, and to address spatial apartheid in central Cape Town. The regulations under the Western Cape Land Administration Act were declared unconstitutional and invalid. The sale of the Tafelberg property was set aside, but its cancellation rendered the appeal on that issue moot. The court held that leave to appeal should be granted only on discrete legal issues of public importance, such as the invalidity of the regulations and the constitutio…

Source excerpt

• Right To Housing
• Spatial Apartheid Redress
• Intergovernmental Relations
• Invalidity Of Regulations
• Judicial Review Of Executive Action
• Costs Awards

Bitou Municipality v Minister for Local Government, Environmental Affairs and Development Planning, Western Cape Provincial Govt and Others (CA14/2019)

Bitou Municipality v Minister for Local Government, Environmental Affairs and Development Planning, Western Cape Provincial Govt and Others (CA14/2019) [2021] ZALAC 1; [2021] 5 BLLR 435 (LAC); (2021) 42 ILJ 993 (LAC) (12 February 2021)

Court

Labour Appeal Court

Case number

CA14/2019

Judges

Davis JA, Coppin JA, Kathree-Setiloane AJA

The Labour Appeal Court upheld the setting aside of Bitou Municipality’s settlement and reappointment of a dismissed municipal manager, and dismissed the appeal and cross-appeal.

• Municipal Manager Appointment
• Settlement Agreement Validity
• Locus Standi
• Intergovernmental Relations
• Financial Misconduct
• Judgment In Rem

Gobo Gcora Construction & Project and Others v Nelson Mandela Bay Municipality and Another ; Nelson Mandela Bay Municipality v Public Protector of the Republic of South Africa and Others (992/16; 1414/2016)

Gobo Gcora Construction & Project and Others v Nelson Mandela Bay Municipality and Another ; Nelson Mandela Bay Municipality v Public Protector of the Republic of South Africa and Others (992/16; 1414/2016) [2019] ZAECPEHC 27; [2019] 3 All SA 172 (ECP) (16 April 2019)

Court

Eastern Cape High Court, Port Elizabeth

Case number

992/16; 1414/2016

Judge

Van Zyl DJP

The court held that the applicants failed to establish any basis for rescission under rule 42. The judgments in question were made after contested hearings and reflected the intention of the presiding judges. The alleged errors were in the reasoning and findings of fact or law, which do not qualify as patent errors or omissions under rule 42(1)(b), nor were the judgments granted as a result of a mistake common to the parties under rule 42(1)(c). The applicants had already exhausted their appeal remedies, and the rescission applications amounted to an impermissible attempt to appeal under the…

Source excerpt

• Rescission Of Judgment
• Ultra Vires
• Locus Standi
• Remedial Action
• Public Protector Powers
• Intergovernmental Relations

State Information Technology Agency (Pty) Ltd v Premier, Eastern Cape Provincial Government and Others (250/2018)

State Information Technology Agency (Pty) Ltd v Premier, Eastern Cape Provincial Government and Others (250/2018) [2018] ZAECBHC 12 (23 October 2018)

Court

Eastern Cape High Court, Bhisho

Case number

250/2018

Judge

Smith

The court held that Eastern Cape’s participation in a broadband contract was reviewable because SITA’s required written approval under Treasury Regulation 16A6.6 was not obtained.

• Public Procurement
• Treasury Regulations
• Locus Standi
• Just And Equitable Remedy
• Contract Review
• Intergovernmental Relations

MEC for Co-operative Governance and Traditional Affairs v Imbabazane Municipality and Others (5238/12)

MEC for Co-operative Governance and Traditional Affairs v Imbabazane Municipality and Others (5238/12) [2012] ZAKZPHC 77 (21 December 2012)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

5238/12

Judge

Henriques

The court found that the second respondent's contract as municipal manager terminated by operation of law on 17 May 2012, in accordance with section 57(6)(a) of the Municipal Systems Act. His continued employment and participation in council meetings thereafter were unlawful. The applicant was entitled to bring the application based on the principle of legality, as the exercise of public power outside the law is reviewable. The matter was not an intergovernmental dispute requiring procedures under the Intergovernmental Framework Act, as urgent intervention was necessary to address illegal con…

Source excerpt

• Municipal Manager Appointment
• Principle Of Legality
• Locus Standi
• Intergovernmental Relations
• Urgency
• Costs Order

Maccsand (Pty) Ltd v City of Cape Town and Others (CCT103/11) (CC)

Maccsand (Pty) Ltd v City of Cape Town and Others (CCT103/11) (CC) [2012] ZACC 7; 2012 (4) SA 181 (CC); 2012 (7) BCLR 690 (CC) (12 April 2012)

Court

Constitutional Court

Case number

CCT 103/11

Judges

Jafta, Mogoeng, Yacoob, Cameron, Froneman, Khampepe, Maya, Nkabinde, Skweyiya, Van der Westhuizen, Zondo

The Constitutional Court held that LUPO, as provincial land use planning legislation, applies to land even where mining rights have been granted under the MPRDA. The MPRDA does not exclude the operation of LUPO, and section 23(6) of the MPRDA expressly subjects mining rights to other relevant laws, which include land use planning statutes. The Court found that the two statutes serve different purposes: the MPRDA regulates mining, while LUPO controls land use and zoning. The overlap between the two does not amount to an unconstitutional intrusion by the local sphere into the national sphere, a…

Source excerpt

• Municipal Planning
• Mining Rights
• Zoning And Land Use
• Environmental Authorisation
• Intergovernmental Relations
• Conflict Of Laws

CEO of the South African Social Security Agency N.O and Other v Cash Paymaster Services (Pty) Ltd (90/10)

CEO of the South African Social Security Agency N.O and Other v Cash Paymaster Services (Pty) Ltd (90/10) [2011] ZASCA 13; [2011] 3 All SA 233 (SCA); 2012 (1) SA 216 (SCA) (11 March 2011)

Court

Supreme Court of Appeal

Case number

90/10

Judges

Harms, Ponnan, Snyders, Tshiqi, Bertelsmann

The SCA held that SASSA could contract with SAPO without a competitive tender where rational reasons existed and the deviation was properly justified under Treasury rules.

• Public Procurement
• Deviation From Competitive Bidding
• Promotion Of Administrative Justice Act
• Intergovernmental Relations
• Supply Chain Management
• Public-procurement

Lid Van Die Uitvoerende Raad Vir Plaaslike Bestuur: Mpumalanga, Padayachee NO v Independent Municipal and Allied Trade Union ("Imatu") and Others (86/2000)

Lid Van Die Uitvoerende Raad Vir Plaaslike Bestuur: Mpumalanga, Padayachee NO v Independent Municipal and Allied Trade Union ("Imatu") and Others (86/2000) [2001] ZASCA 99; 2002 (1) SA 76 (SCA) (25 September 2001)

Court

Supreme Court of Appeal

Case number

86/2000

Judges

HEFER, HARMS, SCOTT, MTHIYANE, CONRADIE

The Supreme Court of Appeal held that the provincial government does not have a constitutional or statutory duty to provide funds to a local authority to enable it to pay its debts to employees. Section 139(1) of the Constitution does not impose an obligation on the province to pay municipal debts, as the relevant obligations are not executive in nature. Section 154(1) requires support and strengthening of municipalities, but this does not extend to direct financial intervention or payment of debts. The court found that creditors of municipalities, including employees, have no right to claim…

Source excerpt

• Municipal Finance
• Constitutional Obligations
• Mandamus
• Intergovernmental Relations