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South Africa Case Law

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Administrative Law [2025] ZAKZDHC 34

Westville Ratepayers Association v Ethekwini Municipality and Another (D5773/2023)

Westville Ratepayers Association v Ethekwini Municipality and Another (D5773/2023) [2025] ZAKZDHC 34 (13 May 2025)

Court
Kwazulu-Natal High Court, Durban
Case number
D5773/2023
Judge
Kuzwayo AJ

The court found that the Municipality was not obliged to comply with all relevant legislation simultaneously when promulgating property rates for the financial years 2005/2006 to 2008/2009. The MFMA prevailed over the Transition Act where inconsistent, and the Municipality was entitled to elect which empowering legislation to follow. The applicant failed to prove on a balance of probabilities that the Municipality was obliged and failed to comply with all relevant legislation. Both parties failed to provide sufficient documentary evidence, and the investigation report on which the application…

Source excerpt

  • Municipal Property Rates
  • Local Government Compliance
  • Promulgation Of Rates
  • Declaratory Relief
  • Publication Requirements
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Administrative Law [2017] ZAECMHC 35

Xuma v Engcobo Local Municipality and Others (383/2017)

Xuma v Engcobo Local Municipality and Others (383/2017) [2017] ZAECMHC 35 (8 August 2017)

Court
Eastern Cape High Court, Mthatha
Case number
383/2017
Judge
SM Jolwana

The court found that the renewal of the contracts for the municipal manager, chief financial officer, and corporate services manager did not comply with the mandatory requirements of section 54A and section 56 of the Municipal Systems Act, as well as regulations 9 and 10. The council failed to advertise the posts, ensure prescribed qualifications, and report the process and outcome to the MEC and Minister. The reliance on section 57(6)(c) was misplaced, as it does not override the compliance obligations of section 54A. The council also failed to obtain a report and recommendation from the exe…

Source excerpt

  • Municipal Manager Appointment
  • Contract Renewal
  • Local Government Compliance
  • Interdict
  • Public Administration Principles
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.