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South Africa decisions
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Vryheid Transitional Local Authority v Biyela (DA2/2000) [2002] ZALAC 5 (28 March 2002)
The Labour Appeal Court upheld an order invalidating the dismissal of a transferred municipal employee and confirming retroactive reinstatement.
Member of the Executive Council for Local Government and Development Planning Western Cape and Another v Paarl Poultry Enterprises CC t/a Rosendal Poultry Farm (CCT38/01) [2001] ZACC 7; 2002 (2) BCLR 133 ; 2002 (3) SA 1 (CC) (14 December 2001)
The Constitutional Court held that the Member of the Executive Council (MEC) retained authority under section 10 of the Local Government Transition Act (LGTA) to enact Proclamation 52, including its savings provision, as section 10N(2) did not expressly remove such powers in respect of district councils. The Court found that district councils in the Western Cape were lawfully constituted under the applicable provincial proclamations until new regulations were enacted to provide for proportional representation, as required by the 1996 amendment to the LGTA. The failure to enact new regulations…
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Kempton Park/Tembisa Metropolitan Substructure v Kelder (51/98) [2000] ZASCA 22; 2000 (2) SA 980 (SCA); [2000] 2 All SA 451 (A); (31 March 2000)
The Supreme Court of Appeal held that a municipal council’s resolutions did not require immediate credit control enforcement against all defaulters, and refused mandamus relief.
Member of the Executive Council for Development Planning and Local Government, Gauteng v Democratic Party and Others (CCT33/97) [1998] ZACC 9; 1998 (4) SA 1157; 1998 (7) BCLR 855 (29 May 1998)
The Constitutional Court held that section 16(5) of the LGTA remained valid during the constitutional transition and dismissed the appeal with costs.
Premier van die Provinsie Mpumalanga en 'n Ander v Stadsraad van Groblersdal (103/96) [1998] ZASCA 20; 1998 (2) SA 1136 (SCA); (25 March 1998)
The Supreme Court of Appeal dismissed an appeal because it had no practical effect beyond costs, applying section 21A of the Supreme Court Act.
African National Congress and Another v Minister of Local Government and Housing, Kwazulu-Natal and Others (CCT19/97) [1998] ZACC 2; 1998 (3) SA 1; 1998 (4) BCLR 399 (24 March 1998)
The Constitutional Court held that section 182 of the interim Constitution entitles traditional leaders to ex officio membership of local government bodies established after elections, including the regional councils created by Proclamation 54 of 1996. The Court rejected the appellants' argument that these councils are not 'local government referred to in Chapter 10' or 'elected local government' for the purposes of section 182. The Court found that the constitutional purpose of section 182 is to ensure continuity and representation of traditional leaders during the transition to democratic l…
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Premier of Kwazulu-Natal and Others v President of the Republic of South Africa and Others (CCT36/95) [1995] ZACC 10; 1995 (12) BCLR 1561; 1996 (1) SA 769 (29 November 1995)
The Constitutional Court dismissed challenges to 1995 amendments affecting provincial pay, traditional leadership, and local government transition rules.
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