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South Africa decisions
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Ba-Phalaborwa Municipality v Tipuprox (Pty) Ltd and Another (030618/2023) [2025] ZAGPPHC 288 (14 March 2025)
The High Court dismissed Ba-Phalaborwa Municipality’s application to set aside an arbitration award because it failed to prove council authority to litigate.
Setsoto Local Municipality v Moeletsane and Others (1227/2023) [2024] ZAFSHC 384 (29 November 2024)
The High Court dismissed a municipality’s bid to cancel a deed of transfer, and also dismissed a postponement request, because the matter was unauthorised and based on hearsay.
Amathole District Municipality v Betram (Pty) Ltd and Another (CA151/2023) [2024] ZAECMKHC 89 (20 August 2024)
The municipality failed to provide objective evidence that its acting manager, Mr Mosala, lacked authority to settle the litigation. The council resolution to defend was not disclosed, and no primary facts were presented to support the assertion of ultra vires conduct. The legal representatives had ostensible authority, and the settlement was reached in the course of litigation with full participation of the municipal manager. There was no evidence of impropriety or unlawfulness in the settlement process. The absence of an approved budget did not render the agreement invalid, as the settlemen…
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Maquassi Hills Local Municipality v Hero Telecoms (Pty) Limited (1339/2024) [2024] ZANWHC 112 (4 April 2024)
The High Court dismissed an urgent application by a municipality to stop telecoms works in Wolmaransstad, finding jurisdictional and factual disputes, lack of urgency, and no case for interim relief.
Kotze v Haldon Estates (Edms) Bpk en Anders (2475/2010) [2010] ZAFSHC 102 (23 September 2010)
The court found that the title deed condition, registered as a servitude, was intended to benefit both the municipality and adjacent property owners, including the applicant. The applicant therefore has locus standi to enforce the condition. The first respondent admitted to conducting activities on the property that contravene the restriction, and its technical defences regarding authorisation and locus standi were rejected. The municipality, as the named beneficiary of the servitude, supported the application and was properly before the court. The respondent's argument that the municipality…
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Municipality of Plettenberg Bay v Van Dyk and Co Inc (CCT42/03) [2003] ZACC 23; 2004 (2) BCLR 113 (CC) (24 November 2003)
The application for leave to appeal was dismissed because the applicant deliberately failed to comply with rule 18(2) of the Constitutional Court Rules, which required a certificate from the High Court. The Court found no compelling reason to condone this non-compliance, emphasizing that compliance with procedural rules is obligatory and not subject to the applicant's discretion. The Court did not express an opinion on the merits of the underlying dispute, noting that the issues raised were not properly certified or addressed by the High Court. The applicant's argument that compliance would h…
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