South Africa Case Law

Mambafula v Alfred Nzo District Municipality (2715/2024)

Mambafula v Alfred Nzo District Municipality (2715/2024) [2025] ZAECMHC 45 (29 May 2025)

Court

Eastern Cape High Court, Mthatha

Case number

2715/2024

Judge

Nkele

The court found that the respondent's decision not to appoint the applicant and to re-advertise the post was an administrative action as defined under PAJA, as it was taken by an organ of state exercising public power in terms of section 56 of the Municipal Systems Act and had a direct, external legal effect on the applicant's rights. The respondent failed to provide any factual or legal basis for its decision, did not disclose or investigate the alleged irregularities, and acted on unsubstantiated information. The council did not perform a legislative or executive function but implemented le…

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• Promotion Of Administrative Justice Act
• Municipal Appointments
• Judicial Review
• Rationality Review
• Remedies Under Paja

Moinwe v Joe Morolong Local Municipality and Others (2025/032401)

Moinwe v Joe Morolong Local Municipality and Others (2025/032401) [2025] ZALCJHB 180 (9 May 2025)

Court

Labour Court Johannesburg

Case number

2025/032401

Judge

Mabaso

The Labour Court set aside a municipal council’s rescission of an appointment and re-advertisement decision, finding irrationality and improper MEC interference.

• Principle Of Legality
• Municipal Appointments
• Irrationality Review
• Systems Act Compliance
• Competency Assessment
• Standing Rules

Pembeshiya and Others v Kumkani Mhlontlo Local Municipality and Others (4482/2024)

Pembeshiya and Others v Kumkani Mhlontlo Local Municipality and Others (4482/2024) [2024] ZAECMHC 93 (26 November 2024)

Court

Eastern Cape High Court, Mthatha

Case number

4482/2024

Judge

M Mhambi

The court found that the applicants failed to establish urgency, as their founding affidavit contained only general and conclusory statements without explicit reasons why the matter should be heard urgently. The applicants did not demonstrate that substantial redress could not be achieved in the ordinary course. On locus standi, the court accepted that the applicants, as community members acting in the public interest, had standing under Section 38(d) of the Constitution. However, the requirements for interim relief were not satisfied: there was no evidence of irreparable harm or incompetence…

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• Municipal Appointments
• Interim Interdict
• Locus Standi
• Urgency
• Public Interest Litigation

Dikoko v Tswelopele Local Municpality and Others (3675/2023)

Dikoko v Tswelopele Local Municpality and Others (3675/2023) [2024] ZAFSHC 5 (8 January 2024)

Court

Free State High Court, Bloemfontein

Case number

3675/2023

Judge

Mhlambi

The High Court dismissed a bid to set aside a municipal appointment, holding that the applicant failed to disclose a proper cause of action and could not use PAIA for litigation access.

• Municipal Appointments
• Promotion Of Access To Information Act
• Review Proceedings
• Cause Of Action Requirements
• Municipal-appointments
• Paia

Tshabalala v Council of the Maluti -A- Phofung Local Municipality and Another (1537/2022)

Tshabalala v Council of the Maluti -A- Phofung Local Municipality and Another (1537/2022) [2022] ZAFSHC 230 (19 September 2022)

Court

Free State High Court, Bloemfontein

Case number

1537/2022

Judge

Molitsoane

The court found that the applicant had established a prima facie right to fair administrative action, as he was the highest scoring candidate in both the interview and competency test for the position. The respondents' argument that PAJA does not apply was rejected, as only the executive and legislative functions of the Municipal Council are excluded from PAJA, not the administrative recruitment and appointment process. The court held that the issue of alleged irregularities in the recruitment process should be determined in the pending review application, not in the interim interdict proceed…

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• Interim Interdict
• Municipal Appointments
• Promotion Of Administrative Justice Act
• Non Joinder
• Balance Of Convenience

Moerane v Buffalo City Metropolitan Municipality and Others (CA161/2018)

Moerane v Buffalo City Metropolitan Municipality and Others (CA161/2018) [2020] ZAECGHC 18; (2020) 41 (ILJ) 1869 (ECG) (3 March 2020)

Court

Eastern Cape High Court, Grahamstown

Case number

CA161/2018

Judges

J.E. Smith, N.G. Beshe, S.M. Mfenyana

The High Court dismissed an appeal over a municipal appointment, holding the appointment null and void because the candidate lacked prescribed competencies and the panel was improperly constituted.

• Municipal Appointments
• Competency Assessment
• Nullity Of Administrative Action
• Composition Of Selection Panel
• Specific Performance
• Staff Establishment

Moerane and Another v Buffalo City Metropolitan Municipality and Others (611/2017)

Moerane and Another v Buffalo City Metropolitan Municipality and Others (611/2017) [2017] ZAECGHC 126 (5 December 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

611/2017

Judge

M.J. Lowe

The court held that the council resolution appointing the applicant as Head of Directorate: Municipal Services constituted administrative action under PAJA, as it was a public power exercised in terms of legislation with direct external legal effect. The Acting Municipal Manager had the necessary authority to oppose the application and bring the counter-application. The appointment was null and void because the applicant failed the required competency assessment, and the selection panel was improperly constituted, lacking an independent expert as required by the regulations. The council's dec…

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• Promotion Of Administrative Justice Act
• Municipal Appointments
• Competency Assessment
• Ultra Vires Decision
• Review Of Council Resolution

Democratic Alliance v Kouga Municpality and Others (2502/12)

Democratic Alliance v Kouga Municpality and Others (2502/12) [2012] ZAECPEHC 95 (20 December 2012)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2502/12

Judge

E Revelas

The High Court dismissed a review of municipal appointments, holding the later council resolution valid and finding no basis to set aside the appointments.

• Municipal Appointments
• Jurisdiction Of Mayoral Committee
• Staff Establishment Requirements
• Review Of Administrative Action
• Administrative-law
• Municipal-law