South Africa Case Law

City of Ekurhuleni Metropolitan Municipality and Another v SAMWU obo Gwejane and Others (JA 06/24)

City of Ekurhuleni Metropolitan Municipality and Another v SAMWU obo Gwejane and Others (JA 06/24) [2025] ZALAC 18; [2025] 6 BLLR 545 (LAC); (2025) 46 ILJ 1325 (LAC) (20 March 2025)

Court

Labour Appeal Court

Case number

JA06/24

Judges

Savage, Sutherland, Davis

The Labour Appeal Court upheld a contempt finding against a municipal accounting officer who failed to ensure compliance with an award and court orders.

• Contempt Of Court
• Arbitration Award Enforcement
• Municipal Accountability
• Wilful Noncompliance
• Contempt-of-court
• Arbitration-award-enforcement

Molaoa v Molaoa and Others (5723/2021)

Molaoa v Molaoa and Others (5723/2021) [2023] ZAFSHC 211 (26 May 2023)

Court

Free State High Court, Bloemfontein

Case number

5723/2021

Judge

Molitsoane

The court held that the Municipal Manager, as the official against whom committal for contempt is sought, must be joined as a party to the proceedings. The failure to join the Municipal Manager is fatal to the application, as no person can be found in contempt or committed to prison without being cited and given an opportunity to be heard. The application cannot proceed on its merits until the necessary party is joined. The court therefore declined to adjudicate the merits and removed the application from the roll pending formal joinder.

Source excerpt

• Joinder Of Parties
• Contempt Of Court
• Municipal Accountability

Westwood Insurance Brokers (Pty) Ltd v Ethekwini Municipality and Others (8221/16)

Westwood Insurance Brokers (Pty) Ltd v Ethekwini Municipality and Others (8221/16) [2017] ZAKZDHC 29 (31 July 2017)

Court

Kwazulu-Natal High Court, Durban

Case number

8221/16

Judge

D. Pillay

The High Court granted leave to appeal against personal-costs orders made after an irregular municipal tender award, citing novel constitutional issues.

• Public Procurement
• Costs De Bonis Propriis
• Municipal Accountability
• Constitutional Obligations
• Fair Hearing
• Separation Of Powers

Britannia Beach Estate (Pty) Ltd and Others v Saldanha Bay Municipality (CCT11/13)

Britannia Beach Estate (Pty) Ltd and Others v Saldanha Bay Municipality (CCT11/13) [2013] ZACC 30; 2013 (11) BCLR 1217 (CC) (5 September 2013)

Court

Constitutional Court

Case number

CCT11/13

Judges

Froneman, Bosielo, Jafta, Khampepe, Mhlantla, Nkabinde, Skweyiya, Zondo

The Constitutional Court held that section 195 of the Constitution does not create an independent right to demand an account from the Municipality. The applicants' claim for a constitutional duty to account is not supported by the Constitution or legislation. Remedies for alleged overpayments are available through ordinary civil proceedings and statutory mechanisms for access to information. The applicants have already instituted a separate action for repayment, and all necessary information is available or obtainable through existing procedures. There is no reasonable prospect of success on…

Source excerpt

• Municipal Accountability
• Leave To Appeal
• Rezoning And Subdivision
• Capital Contributions
• Duty To Account
• Access To Information