South Africa Case Law

Abaqulusi Local Municipality and Another v Premier of the Province of KwaZulu-Natal and Others (3003/2022P)

Abaqulusi Local Municipality and Another v Premier of the Province of KwaZulu-Natal and Others (3003/2022P) [2023] ZAKZPHC 97 (15 September 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

3003/2022P

Judge

R Singh

The High Court set aside KwaZulu-Natal’s decision to retain a section 139 intervention in Abaqulusi Municipality, finding it unconstitutional, invalid, and not justly suspendable.

• Provincial Intervention
• Principle Of Legality
• Municipal Autonomy
• Section 139 Intervention
• Review Of Executive Action
• Section-139-intervention

Organisation Undoing Tax Abuse v Minister of Transport and Others (32097/2020)

Organisation Undoing Tax Abuse v Minister of Transport and Others (32097/2020) [2022] ZAGPPHC 1; 2022 (2) SA 566 (GP) (13 January 2022)

Court

North Gauteng High Court, Pretoria

Case number

32097/2020

Judge

Basson

The court found that the AARTO Act and the Amendment Act unlawfully intrude upon the exclusive legislative and executive competence of provincial and local governments as set out in Schedule 5 of the Constitution. The Acts create a single national system for the administrative enforcement of road traffic laws, thereby usurping the powers reserved for provinces and municipalities. The court applied the 'bottom-up' approach endorsed by the Constitutional Court, carving out exclusive municipal and provincial competencies before considering national powers. The respondents failed to establish any…

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• Division Of Powers
• Legislative Competence
• Exclusive Provincial Powers
• Municipal Autonomy
• Severability
• Invalidity Of Legislation

Kosmos Ridge Homeowners' Association v Madibeng Local Municipality and Others (30085/09)

Kosmos Ridge Homeowners' Association v Madibeng Local Municipality and Others (30085/09) [2020] ZAGPPHC 565; 2022 (2) SA 207 (GP) (1 October 2020)

Court

North Gauteng High Court, Pretoria

Case number

30085/09

Judge

Fabricius

The court found that the relief sought by the applicant, namely an order compelling the Minister of Finance to ring-fence funds for the construction of a sewerage plant, is incompetent in law. The constitutional and statutory framework establishes the autonomy of municipalities and restricts intervention by national government to specific circumstances, notably section 139 of the Constitution, which was not applicable in this case. The powers of the National Treasury under the MFMA are limited to monitoring and, in cases of breach, stopping funds, not reallocating or ring-fencing them for par…

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• Municipal Autonomy
• Contempt Of Court
• Division Of Revenue Act
• Mandamus
• Constitutional Separation Of Powers
• Local Government Finance

Mogalakwena Local Municipality v Provincial Executive Council, Limpopo and Others (35248/14)

Mogalakwena Local Municipality v Provincial Executive Council, Limpopo and Others (35248/14) [2014] ZAGPPHC 400; [2014] 4 All SA 67 (GP) (19 June 2014)

Court

North Gauteng High Court, Pretoria

Case number

35248/14

Judge

Tuchten

The court held that the provincial executive council's intervention under section 139(1)(b) of the Constitution was unlawful as it was not preceded by a directive, contrary to constitutional requirements and established legal principles. The intervention notice was unduly vague, failing to specify the executive obligations allegedly not fulfilled, and lacked rationality. The evidence suggested that the intervention was motivated by ulterior political purposes to favour a faction within the ruling party, undermining the municipality's autonomy and democratic mandate. The applicant established…

Source excerpt

• Provincial Intervention In Local Government
• Section 139 Constitution
• Interim Interdict
• Municipal Autonomy
• Separation Of Powers
• Ulterior Purpose