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South Africa decisions
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Fihlani v Port St Johns Local Municipality and Others (1046/2025) [2025] ZAECMHC 66 (8 July 2025)
The High Court held that the municipality unlawfully extended a municipal manager’s precautionary suspension and dismissed its constitutional challenge to the regulation.
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)
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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Alfred Duma Local Municipality and Others v Member for the Executive Council: Cooperative Governance and Traditional Affairs, KwaZulu-Natal and Others (4569/23) [2023] ZAKZPHC 51 (22 May 2023)
The court found that the speaker did not refuse to convene the meeting but reasonably requested time to investigate the authenticity of signatures on the petition, which was a legitimate concern given the serious consequences of the motions to be considered. The petition failed to comply with standing orders, lacking reasons for urgency. The MEC acted without engaging with the speaker or municipal manager and failed to investigate the issues raised. The requirements for an interim interdict were satisfied: the applicants had a prima facie right to protect municipal autonomy, the balance of co…
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eThekwini Municipality and Another v Independent Schools Association of Southern Africa and Others (960/2019) [2021] ZASCA 155; [2022] 1 All SA 17 (SCA) (3 November 2021)
The Supreme Court of Appeal held that section 19 of the Municipal Property Rates Act, read with the 2010 amended regulations, imposes a binding cap on the rates that municipalities may levy on public benefit organisation property. Municipalities cannot evade this limitation by declining to recognise such property in their rates policies. The constitutional challenge to section 19(1)(b) fails because the Constitution expressly permits national legislation to regulate municipal taxing powers. The validity challenge based on alleged lack of consultation also fails, as the Minister for Cooperativ…
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Independent Schools Association of Southern Africa v Ethekwini Municipality and Others (6957/2010) [2019] ZAKZDHC 24; 2020 (2) SA 235 (KZD) (28 June 2019)
The court held that Ethekwini Municipality is bound by the regulations promulgated under the Municipal Property Rates Act, which cap rates on public benefit organisations at 25% of the residential rate. The MPRA provides a statutory framework that municipalities must follow, and the categorisation of independent schools as 'business and commercial properties' was unlawful where the Act and regulations specifically provide for public benefit organisations. The consultation process for the 2010 regulations was found to be sufficient and fair, with SALGA and municipalities given opportunities to…
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Rudman v Maquassi Hills Local Municipality and Others (J3495/18) [2018] ZALCJHB 457 (24 October 2018)
The court found that the applicant's termination as acting Municipal Manager by the Administrator was unlawful and invalid. The Municipal Council retains the power to appoint and terminate the Municipal Manager, and the Administrator, appointed under section 139(1)(b) of the Constitution, does not have unilateral authority to rescind such appointments. The Administrator's conduct, including co-signing official correspondence with the applicant, amounted to approval of her appointment. The Council's resolution appointing the applicant was an administrative act that remained valid until set asi…
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City of Johannesburg Metropolitan Municipality v Chairman of the National Building Regulations Review Board and Others (CCT186/17) [2018] ZACC 15; 2018 (8) BCLR 881 (CC) ; 2018 (5) SA 1 (CC) (7 June 2018)
Section 9 of the National Building Regulations and Building Standards Act 103 of 1977 is inconsistent with the Constitution because it empowers the National Building Regulations Review Board, an organ of state in the national sphere, to exercise appellate powers over municipal decisions regarding building regulations and municipal planning. The Constitution vests executive authority over these matters exclusively in municipalities, and the national sphere may only regulate, not usurp, such powers. The High Court's declaration of invalidity is confirmed. The declaration operates prospectively,…
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Minister of Local Government, Environmental Affairs and Development Planning, Western Cape v The Habitat Council and Others; Minister of Local Government, Environmental Affairs and Development Planning, Western Cape v City of Cape Town and Others (117/13) [2014] ZACC 9; 2014 (5) BCLR 591 (CC); 2014 (4) SA 437 (CC) (4 April 2014)
Section 44 of the Land Use Planning Ordinance 15 of 1985 is unconstitutional because it allows the provincial government to substitute its decisions for those of municipalities in land-use matters, thereby usurping the constitutionally entrenched powers of municipalities over municipal planning. The Constitution allocates zoning and subdivision decisions exclusively to municipalities, and provincial oversight is limited to monitoring, support, and the creation of norms and guidelines, not direct appellate intervention. The High Court's reading-in remedy, which sought to preserve some provinci…
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KwaZulu-Natal Agricultural Union v Minister of Co-operative Governance and Traditional Affairs and Others (2943/09) [2011] ZAKZPHC 21; 2011 (4) SA 266 (KZP) (16 May 2011)
The court held that the Minister was not obliged to impose a province-wide limitation on municipal rates for agricultural properties in KwaZulu-Natal, as the applicant's request and supporting evidence related only to eight municipalities. The Minister's powers under section 16 of the MPRA are limited to situations where he is convinced by evidence that a specific rate is causing material and unreasonable prejudice in a particular municipality. Blanket limitations without specific evidence are not permitted. The Minister's interpretation of the applicant's request was reasonable, and his deci…
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Premier of the Western Cape and Others v Overberg District Municipality and Others (801/201) [2011] ZASCA 23; 2011 (4) SA 441 (SCA); [2011] 3 All SA 385 (SCA) (18 March 2011)
The Supreme Court of Appeal held that section 139(4) of the Constitution does not impose a mandatory obligation on the provincial executive to dissolve a municipal council that fails to approve a budget before the start of the financial year. Rather, the section requires the executive to intervene by taking any appropriate steps to ensure approval of the budget, with dissolution being only one of several possible measures. The court found that the provincial executive retains discretion to determine the most suitable intervention, and that the council's authority to approve a budget is not au…
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