South Africa Case Law

!Kheis Municipality v Mareka (3180/2022)

!Kheis Municipality v Mareka (3180/2022) [2025] ZAFSHC 38 (6 February 2025)

Court

Free State High Court, Bloemfontein

Case number

3180/2022

Judges

Mhlambi, Jordaan

The court found that it had jurisdiction to hear the matter as the respondent resides within its area and the cause of action relates to his employment. The applicant did not unreasonably delay in bringing the review application, as the delay was satisfactorily explained by the change in municipal management and subsequent discovery of the irregular appointment. The appointment of the respondent was unlawful because the post did not exist on the approved staff establishment and was not approved by council, as required by the Local Government: Municipal Systems Act and its regulations. The Mun…

Source excerpt

• Legality Review
• Municipal Staff Appointments
• Jurisdiction Of High Court
• Delay In Review
• Local Government Structures Act

Heradien v Meshoa and Others (768/2024)

Heradien v Meshoa and Others (768/2024) [2024] ZAWCHC 37 (13 February 2024)

Court

Western Cape High Court, Cape Town

Case number

768/2024

Judge

Adhikari AJ

The court dismissed an urgent bid to restore an ICOSA councillor’s membership and seat, holding that his membership ended automatically for unpaid dues.

• Automatic Termination Of Membership
• Interim Interdict
• Local Government Structures Act
• Party List Replacement
• Audi Alteram Partem
• Constitutional Interpretation

Electoral Commission of South Africa and Another v Speaker of the uMhlathuze Local Council and Others (10/2022 EC)

Electoral Commission of South Africa and Another v Speaker of the uMhlathuze Local Council and Others (10/2022 EC) [2022] ZAEC 11; [2023] 1 All SA 386 (Elect Ct) (1 December 2022)

Court

Electoral Court

Case number

10/2022 EC

Judges

Zondi JA, Shongwe AJ, Modiba J, Professor Ntlama-Makhanya, Professor Phooko

The Electoral Court found that the delay in bringing the review application was unreasonable but, in the interests of justice and legal certainty, condoned the delay. The Court interpreted item 20 of Schedule 2 to the Local Government: Municipal Structures Act to mean that only seats proportionally allocated according to votes cast should be filled, and any remaining seats should remain unallocated if not supported by sufficient votes. The allocation of the three additional seats to the eighth, ninth, and tenth respondents was unlawful, unconstitutional, and invalid. The Court set aside their…

Source excerpt

• Principle Of Legality Review
• Delay And Condonation
• Non Joinder
• Local Government Structures Act
• Allocation Of Council Seats
• Just And Equitable Remedy

MEC for Cooperative Governance and Traditional Affairs, Free State Province v Metsimahalo Local Municipality and Others (1159/2020)

MEC for Cooperative Governance and Traditional Affairs, Free State Province v Metsimahalo Local Municipality and Others (1159/2020) [2020] ZAFSHC 155 (1 September 2020)

Court

Free State High Court, Bloemfontein

Case number

1159/2020

Judge

S Chesiwe

The court found that the second meeting held on 20 February 2020 at 15:10 was not a lawful continuation of the earlier meeting, as the first meeting had been officially closed by the Speaker. The second meeting lacked proper notice and agenda, violating statutory and internal municipal rules. The Fisher Group's argument that the meeting was a continuation was rejected, as the agenda differed and procedural requirements were not met. The court held that the statutory power to convene meetings resides with the Speaker, and the respondents' actions undermined lawful intervention and service deli…

Source excerpt

• Municipal Intervention
• Unlawful Meeting
• Local Government Structures Act
• Section 139 Intervention
• Service Delivery Disruption
• Costs Attorney Client Scale

De Lille v Democratic Alliance and Others (2153/18)

De Lille v Democratic Alliance and Others (2153/18) [2018] ZAWCHC 22; [2018] 2 All SA 464 (WCC); 2018 (4) SA 171 (WCC) (14 February 2018)

Court

Western Cape High Court, Cape Town

Case number

2153/18

Judge

Henney

The court found that the applicant was justified in seeking interim relief due to the uncertainty and apprehension created by the DA's caucus regulations and party constitution, which appeared to bind councillors to vote according to party instructions. The court held that, in line with constitutional principles and the UDM decision, councillors must be allowed to vote according to their conscience in motions of no-confidence. The Speaker has discretion under the Rules of Order to determine whether voting should be by secret ballot, and this discretion must be exercised rationally and constit…

Source excerpt

• Motion Of No Confidence
• Secret Ballot
• Party Discipline
• Local Government Structures Act
• Bill Of Rights Limitation
• Interim Interdict

Montjane and Others v Moloto and Others (75993/13)

Montjane and Others v Moloto and Others (75993/13) [2014] ZAGPPHC 129 (20 February 2014)

Court

North Gauteng High Court, Pretoria

Case number

75993/13

Judge

Baqwa

The High Court granted an interim interdict preserving the applicants’ municipal council seats pending a review of alleged PAC expulsions and related IEC action.

• Municipal Councillor Removal
• Interim Interdict
• Party Membership Dispute
• Local Government Structures Act
• Interim-interdict
• Municipal-councillor-removal

Bobo and Others v Faku and Others (CA 53/2013)

Bobo and Others v Faku and Others (CA 53/2013) [2013] ZAECGHC 87 (29 August 2013)

Court

Eastern Cape High Court, Grahamstown

Case number

CA 53/2013

Judges

Nepgen, Pickering, Brooks

The court held that the executive mayor's decision to remove the appellants from the mayoral committee was an exercise of executive power under section 60 of the Local Government Municipal Structures Act, not an administrative action. Therefore, the decision was not subject to review under the Promotion of Administrative Justice Act or the audi alterem partem principle. The Act does not prescribe any procedure for dismissal, and the legislature deliberately did not afford mayoral committee members the same procedural protections as members of the municipal council. The decision was rational,…

Source excerpt

• Mayoral Committee Dismissal
• Executive Vs Administrative Action
• Audi Alterem Partem
• Rationality Review
• Internal Remedies
• Local Government Structures Act

Masekoane and Another v Letsemeng Plaaslike Minisipaliteit and Another (A138/2009)

Masekoane and Another v Letsemeng Plaaslike Minisipaliteit and Another (A138/2009) [2010] ZAFSHC 52 (18 March 2010)

Court

Free State High Court, Bloemfontein

Case number

A138/2009

Judges

H.M. Musi, G.F. Wright, C. Van Zyl

The court found that the appeal had become moot because the second applicant had resigned and no longer represented the first applicant on the council of the second respondent. As a result, any decision on appeal would have no practical effect or result. The court applied section 21A of the Supreme Court Act, which allows for dismissal of appeals that are academic or moot. The arguments advanced by the appellants regarding the interpretation of the Local Government: Municipal Structures Act were withdrawn after it was shown that they were based on a misreading of the statute. The court furthe…

Source excerpt

• Interdict
• Mootness
• Local Government Structures Act
• Intergovernmental Relations Framework Act

ANC Umvoti Council Caucus and Others v Umvoti Municipality (AR 392/2009)

ANC Umvoti Council Caucus and Others v Umvoti Municipality (AR 392/2009) [2009] ZAKZPHC 47; 2010 (3) SA 31 (KZP) (25 September 2009)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR 392/2009

Judges

Gorven, Swain, Tshabalala

The court held that, following Supreme Court of Appeal authority, the correct procedure for challenging the authority of a person acting on behalf of an artificial person in litigation is Rule 7(1) of the Uniform Rules of Court. Absent such a challenge, the signature of the attorney and the naming of the applicant are sufficient, and it is not necessary to prove authority on the papers. The appellants did not invoke Rule 7(1), so the respondent was not required to prove authority. On costs, the court found that statutory immunity under s28(1)(b)(i) of the Local Government: Municipal Structure…

Source excerpt

• Authority To Institute Proceedings
• Municipal Council Powers
• Rule 7 Uniform Rules
• Costs Orders
• Councillor Immunity
• Local Government Structures Act

Mbatha v Ehlanzeni District Municipality and Others (J1392/2007)

Mbatha v Ehlanzeni District Municipality and Others (J1392/2007) [2007] ZALCJHB 76 (23 November 2007)

Court

Labour Court Johannesburg

Case number

J1392/2007

Judge

Cele

The Labour Court held that a municipal council could not delegate disciplinary power over a municipal manager to the executive mayor, and set aside the mayor’s notice.

• Delegation Of Powers
• Municipal Manager Discipline
• Ultra Vires Resolution
• Local Government Structures Act
• Municipal Systems Act
• Delegation-of-powers