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South Africa Case Law

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Civil Procedure [2023] ZANCHC 67

Sehole v Kgatelopele Local Municipality and Others (1682/2023)

Sehole v Kgatelopele Local Municipality and Others (1682/2023) [2023] ZANCHC 67 (13 October 2023)

The High Court dismissed an urgent interim application for reinstatement after finding the applicant had not made out a case in the founding papers.

  • Interim Interdict
  • Jurisdiction Of High Court
  • Founding Affidavit Requirements
  • Local Government Systems Act
  • Termination Of Employment
  • Interim-interdict
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Administrative Law [2023] ZAKZDHC 48

Transnat Durban (Pty) Ltd v Ethekwini Municipality and Another (D1710/2020)

Transnat Durban (Pty) Ltd v Ethekwini Municipality and Another (D1710/2020) [2023] ZAKZDHC 48 (26 July 2023)

The High Court reviewed and set aside a municipal decision inviting expressions of interest for an Operations Management Company, finding it ultra vires and contrary to legality.

  • Promotion Of Administrative Justice Act
  • Legality Review
  • Municipal Entity Formation
  • Delegation Of Powers
  • Local Government Systems Act
  • Administrative-law
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Administrative Law [2017] ZAECPEHC 43

Mlokothi v Trollip and Others (193/2017)

Mlokothi v Trollip and Others (193/2017) [2017] ZAECPEHC 43 (5 September 2017)

The High Court dismissed a review of a municipal manager appointment rescission, holding the council was justified after the applicant failed to disclose material facts.

  • Municipal Manager Appointment
  • Ultra Vires Decision
  • Promotion Of Administrative Justice Act
  • Labour Court Jurisdiction
  • Misrepresentation
  • Local Government Systems Act
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Labour Law [2017] ZALCJHB 273

South African Municipal Workers Union and Others MEC for COGHSTA and Others (J1677/17)

South African Municipal Workers Union and Others MEC for COGHSTA and Others (J1677/17) [2017] ZALCJHB 273 (1 August 2017)

The court found that there was insufficient evidence that the draft policy requiring union observer status was ever formally adopted by council resolution. The documents relied upon by the applicant referred to a draft policy subject to further consultation, with no proof of final adoption. The second respondent complied with the statutory requirements under the Local Government Municipal Systems Act and Regulation 12(3), which do not mandate union observer status. Therefore, the appointment process was lawful, and the applicant was not entitled to the urgent relief sought. The issue of trans…

  • Municipal Manager Appointment
  • Internal Policy Compliance
  • Observer Status In Selection Panel
  • Local Government Systems Act
  • Regulation 12 3
  • Transparency In Appointments
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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.