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South Africa decisions
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Naledi Local Municipality v Reitum Investments (Pty) Ltd and Others (M259/2022) [2025] ZANWHC 10 (22 January 2025)
The court found the municipality’s sale and valuation of Vryburg land unlawful, but let Reitum keep the property if it pays the balance of true value.
Asatico Civil and Construction (Pty) Ltd v Ekurhuleni Metropolitan Municipality (149200/2015) [2016] ZAGPJHC 95 (4 May 2016)
The court found that the respondent failed to disclose any bona fide defence to resist summary judgment. The respondent's reliance on the invalidity of the administrative act awarding the contract was insufficient, as no steps were taken to review or set aside the act, and the Oudekraal principle applies. The respondent admitted the amount due and confirmed payment in writing, and the alleged defences regarding the amount claimed and unlawful instructions were either unsupported or dependent on the invalidity argument, which was rejected. The application for leave to appeal was refused as the…
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Asatico Civil and Construction (Pty) Ltd v Ekurhuleni Metropolitan Municipality (149200/2015) [2016] ZAGPJHC 3 (21 January 2016)
Summary judgment was granted for a contractor against a municipality for unpaid tender work. The court rejected vague defences and applied Oudekraal principles.
Bobani v Nelson Mandela Bay Metro Municipality and Others (1459/13) [2013] ZAECPEHC 31 (28 June 2013)
The High Court dismissed an urgent application for interim interdict relief, finding no well-grounded apprehension of irreparable harm from the municipal manager’s continued service.
MEC for Health, Province of Eastern Cape NO and Another v Kirland Investments (Pty) Ltd t/a Eye & Laser Institute (473/12) [2013] ZASCA 58; 2014 (3) SA 219 (SCA) (16 May 2013)
The Supreme Court of Appeal held that the superintendent-general was functus officio in relation to the approvals granted by the acting superintendent-general, as those decisions had been communicated and were final. The subsequent revocation of those approvals was invalid, as administrative decisions, even if unlawful, remain effective until set aside by a court in judicial review proceedings. The MEC's decision to uphold the revocation was based on a material error of law, rendering it invalid. Furthermore, the High Court lacked jurisdiction to set aside the approvals in the absence of a pr…
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Country Cloud Trading CC v MEC Department of Infrastructure Development (2010/34662) [2012] ZAGPJHC 166; [2012] 4 All SA 555 (GSJ) (8 August 2012)
High Court held a provincial completion contract was invalid for non-compliance with procurement rules and dismissed Country Cloud’s claim.
Seale v Van Rooyen N.O and Others; Provincial Government, North-West Province v Van Rooyen N.O and Others (133/07) [2008] ZASCA 28; [2008] 3 All SA 245 (SCA); 2008 (4) SA 43 (SCA) (27 March 2008)
The SCA held that once the original administrative act was set aside, later acts based on it had no force. It also adjusted costs after the Province’s tender.
Oudekraal Estates (Pty) Ltd v City of Cape Town and Others (41/2003) [2004] ZASCA 48; [2004] 3 All SA 1 (SCA); 2004 (6) SA 222 (SCA) (28 May 2004)
The Supreme Court of Appeal held that the Administrator's approval for the establishment of Oudekraal Township was invalid at the outset due to the failure to consider material facts, specifically the existence of graves and kramats of significant religious and cultural importance. However, the Court found that an unlawful administrative act cannot simply be ignored; it remains effective in fact and produces legal consequences until set aside by a competent court in judicial review proceedings. The City Council was not entitled to disregard the Administrator's approval and its consequences me…
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