South Africa Case Law

City of Ekurhuleni Metropolitan Municipality ; In re: Unlawful Occupiers: 1 Argyl Street and Others v Rohlandt Holdings CC and Others (CCT 228/22)

City of Ekurhuleni Metropolitan Municipality ; In re: Unlawful Occupiers: 1 Argyl Street and Others v Rohlandt Holdings CC and Others (CCT 228/22) [2024] ZACC 10; 2025 (1) SA 1 (CC) (31 May 2024)

Court

Constitutional Court

Case number

CCT 228/22

Judges

Zondo CJ, Chaskalson AJ, Dodson AJ, Kollapen J, Mathopo J, Rogers J, Schippers AJ, Tshiqi J

The Constitutional Court held that the High Court erred in refusing rescission of the consent order. The consent order did not comply with the requirements set out in Eke v Parsons, as it failed to resolve the main dispute, was not constitutionally or statutorily compliant, and did not confer a practical or legitimate advantage. The City had not complied with the Local Government Ordinance and the Constitution regarding municipal acquisition of property, and its attorney lacked authority to consent to the order. Estoppel could not operate to bind the City in the face of statutory non-complian…

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• Municipal Procurement
• Authority Of Attorney
• Consent Orders
• Rescission Of Judgment
• Unlawful Occupation
• Local Government Ordinance

Sinbu Industrial Properties (Pty) Ltd v City of Tshwane Metropolitan Municipality and Others (2019/76101)

Sinbu Industrial Properties (Pty) Ltd v City of Tshwane Metropolitan Municipality and Others (2019/76101) [2021] ZAGPPHC 658 (8 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

2019/76101

Judge

Mokose

The High Court allowed an application to amend a public right-of-way servitude over property in Pretoria and held the municipal ordinance was not triggered.

• Public Servitude Amendment
• Municipal Planning
• Right Of Way
• Local Government Ordinance
• Provincial Roads
• Rule Nisi Procedure

Brooklyn Edge (Pty) Ltd and Another v City of Tshwane Metropolitan Municipality (37681/2012)

Brooklyn Edge (Pty) Ltd and Another v City of Tshwane Metropolitan Municipality (37681/2012) [2019] ZAGPPHC 233 (26 June 2019)

Court

North Gauteng High Court, Pretoria

Case number

37681/2012

Judge

Strijdom

The High Court ordered specific performance of a municipal land sale, holding the deed valid, not void for vagueness or prescription, and rejecting the City’s collateral challenge.

• Specific Performance
• Alienation Of Land Act
• Municipal Asset Disposal
• Prescription
• Contractual Interpretation
• Local Government Ordinance

Tembu Convenience Centre CC and Another v City of Johannesburg and Others (270/2018)

Tembu Convenience Centre CC and Another v City of Johannesburg and Others (270/2018) [2018] ZASCA 160; 2019 (4) SA 194 (SCA) (28 November 2018)

Court

Supreme Court of Appeal

Case number

270/2018

Judges

Ponnan, Tshiqi, Saldulker, Mokgohloa, Rogers

The Supreme Court of Appeal held that the creation of dedicated bus lanes and the installation of physical barriers in Mooki Street did not amount to a permanent closure or diversion of part of the street within the meaning of section 67 of the Local Government Ordinance 17 of 1939. The court found that the closure was only for a particular class of traffic—vehicles other than Rea Vaya buses—and thus fell under section 66(1), which does not require the procedures of section 67. The court distinguished the present facts from previous cases where streets were closed or diverted to all traffic o…

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• Municipal Powers
• Road Closure
• Compensation For Loss
• Traffic Regulation
• Local Government Ordinance
• Dedicated Bus Lane

Madibeng Local Municipality v Public Investment Corporation Ltd (603/2017)

Madibeng Local Municipality v Public Investment Corporation Ltd (603/2017) [2018] ZASCA 93; 2018 (6) SA 55 (SCA) (1 June 2018)

Court

Supreme Court of Appeal

Case number

603/2017

Judges

Ponnan, Wallis, Willis, Plasket, Makgoka

The appeal concerned whether municipal loans were unenforceable for want of prior approval. The SCA held the loans were for repaying existing loans and were enforceable.

• Municipal Loans
• Local Government Ordinance
• Declaratory Relief
• Punitive Costs
• Rule 38 Affidavit Evidence
• Municipal-loans

Tembu Convenience Centre CC and Another v City of Johannesburg and Others (2011/44745)

Tembu Convenience Centre CC and Another v City of Johannesburg and Others (2011/44745) [2017] ZAGPJHC 460 (15 September 2017)

Court

South Gauteng High Court, Johannesburg

Case number

2011/44745

Judge

L Windell

The High Court held that BRT works on Mooki Street did not permanently close or divert the road under section 67 of the Ordinance. The claim for damages was dismissed.

• Road Closure
• Municipal Powers
• Compensation For Loss
• Traffic Flow Alteration
• Local Government Ordinance
• Public Right Of Way

Strata International (Pty) Ltd and Another v Ekurhuleni Metropolitan Municipality (79/2014)

Strata International (Pty) Ltd and Another v Ekurhuleni Metropolitan Municipality (79/2014) [2015] ZASCA 47 (26 March 2015)

Court

Supreme Court of Appeal

Case number

79/2014

Judges

Navsa, Leach, Saldulker, Van der Merwe, Meyer

The Supreme Court of Appeal held that municipal resolutions to dispose of land, adopted without required public participation and transparency, created no enforceable rights.

• Alienation Of Municipal Property
• Public Participation
• Municipal Finance Management Act
• Local Government Ordinance
• Constitutional Accountability
• Alienation-of-municipal-property

Bezuidenhout v Mogale City Local Municipality (50913/13)

Bezuidenhout v Mogale City Local Municipality (50913/13) [2014] ZAGPPHC 589 (15 August 2014)

Court

North Gauteng High Court, Pretoria

Case number

50913/13

Judge

BAM

The High Court allowed an amendment to the applicant’s notice of motion to add alternative relief under the Expropriation Act and reserved costs.

• Amendment Of Pleadings
• Expropriation Act
• Local Government Ordinance
• Compensation For Expropriation
• Amendment-of-pleadings
• Expropriation-act

Emalahleni Local Municipality and Another v Propark Association and Another (089/2012)

Emalahleni Local Municipality and Another v Propark Association and Another (089/2012) [2012] ZASCA 177; [2013] 1 All SA 277 (SCA) (29 November 2012)

Court

Supreme Court of Appeal

Case number

089/2012

Judges

Nugent, Cachalia, Leach, Petse, Southwood

The Supreme Court of Appeal held that the first appellant failed to comply with the mandatory statutory requirements for alienating and closing the public open space. Specifically, there was no evidence of compliance with section 79(18) of the Local Government Ordinance or section 14 of the MFMA prior to the sale and transfer of the property. The procedures for public participation and notification to abutting owners prescribed by section 67 and 68 of the Ordinance were not followed. The resolutions to invite tenders and accept the second appellant's tender were preparatory acts and did not c…

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• Promotion Of Administrative Justice Act
• Municipal Finance Management Act
• Local Government Ordinance
• Public Participation
• Alienation Of Municipal Property
• Closure Of Public Open Space

Diggers Development (Pty) Ltd v City of Matlosana and Others (824/2010)

Diggers Development (Pty) Ltd v City of Matlosana and Others (824/2010) [2011] ZASCA 247; [2012] 1 All SA 428 (SCA) (1 December 2011)

Court

Supreme Court of Appeal

Case number

824/2010

Judges

Cloete, Ponnan, Maya, Mhlantla, Petse

The Supreme Court of Appeal held that the sale agreement was subject to suspensive conditions, and in accordance with the Corondimas principle, no contract of sale existed until those conditions were fulfilled. The statutory requirements under s 79(18) of the Ordinance and relevant sections of the MFMA and Systems Act were complied with before the contract became unconditional and enforceable. The council's intention to alienate the land was only formulated when it adopted the resolution on 5 February 2009, at which point the contract of sale came into existence. The court found no merit in t…

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• Municipal Land Sale
• Suspensive Condition
• Compliance With Statutory Requirements
• Local Government Ordinance
• Municipal Finance Management Act
• Timing Of Statutory Compliance