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South Africa decisions
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Madyibi and Another v Minister of Water and Sanitation and Others (939/2020) [2024] ZAECMKHC 126 (19 November 2024)
The High Court dismissed a review challenging the termination of Amatola Water Board memberships, finding the appointments had not complied with statutory nomination requirements.
Malema and Another v Dr Ruth Segomotsi Mompati District Municipality and Others (UM68/2021) [2021] ZANWHC 59 (20 May 2021)
The court found that the suspensions of the applicants were unlawful and invalid, as they were effected in breach of legislative and policy requirements, specifically regulation 6 of the Disciplinary Regulations. The acting municipal manager who effected the suspensions was not lawfully appointed under s 54A of the Municipal Systems Act, rendering his actions ultra vires and null and void. The respondents failed to demonstrate any factual basis for the urgency or necessity of the suspensions, and their justifications were found to be contrived and unsupported by evidence. The suspensions were…
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Trudon (Pty) Ltd (formerly TDS Directory Operations ) v National Prosecuting Authority and Another (43247/2014) [2018] ZAGPPHC 900 (23 November 2018)
The court held that the defendants, as organs of state, are not entitled to ignore their own decision to conclude the agreements or to raise invalidity as a defence without instituting proper review proceedings or at least an application for a declarator. The principle established in Oudekraal and affirmed in Kirland and Merafong is that administrative acts, even if unlawful, remain effective until set aside by a court. The collateral challenge doctrine is available only in limited and appropriate circumstances, typically where a party is coerced into compliance with an unlawful administrativ…
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Merafong City Local Municipality v AngloGold Ashanti Limited (20265/14) [2015] ZASCA 85; 2016 (2) SA 176 (SCA) (28 May 2015)
The Supreme Court of Appeal held that even if the Minister's ruling under s 8(9) of the Water Services Act was ultra vires, it existed in fact and had legal consequences. Merafong City Local Municipality was not entitled to ignore the ruling; it was obliged to approach the court to have it set aside. The principle of legality requires that government and organs of State follow proper process and cannot simply disregard administrative decisions. The collateral challenge doctrine does not apply to organs of State in disputes with other organs of State. Accordingly, Merafong's failure to seek ju…
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Retail Motor Organisation and Another v Minister of Water and Environmental Affairs and Another (51148/2012) [2012] ZAGPPHC 273 (12 November 2012)
High Court granted an interim interdict halting implementation of the Redisa waste tyre plan pending review, finding a material version was not properly published for comment.
POPCRU obo Sephanda and Another v Provincial Commissioner: South African Police Services, Gauteng Province and Another (J291/12) [2012] ZALCJHB 145; (2012) 33 ILJ 2110 (LC) (17 February 2012)
The Labour Court set aside a SAPS suspension without pay, holding that the notice lacked a genuine precautionary purpose and breached legality.
Noe and Others v Premier of the Free State Provincial Division and Others (3607/09) [2010] ZAFSHC 56 (4 June 2010)
The court found that the purported permanent appointments of the applicants were made without compliance with the mandatory procedures set out in the Public Service Act and Regulations, specifically the requirements for advertising and selection. The distinction between section 12A and permanent appointments was emphasized, and the court held that the reference to section 9 in the first applicant's contract was a mistake. The Premier was entitled and obliged to reverse the unlawful appointments under section 5(7) of the Act, as the decision was based on an error of law and it was in the publi…
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