South Africa Case Law

Speaker: OR Tambo District Municipality and Others v Premier of the Eastern Cape and Others (3809/2021)

Speaker: OR Tambo District Municipality and Others v Premier of the Eastern Cape and Others (3809/2021) [2021] ZAECMHC 36 (25 October 2021)

Court

Eastern Cape High Court, Mthatha

Case number

3809/2021

Judge

Rugunanan

The court found that the decision to dissolve the OR Tambo District Municipal Council under section 139(1)(c) of the Constitution was irrational and not supported by the required factual basis of ongoing failure. The respondents failed to contest the review application on its merits and did not provide evidence to justify the dissolution. The imminent local government elections rendered the dissolution moot, and the functus officio doctrine prevented the Provincial Executive Council from rescinding the decision without a court order. In the contempt application, the MEC did not provide suffic…

Source excerpt

• Section 139 Intervention
• Municipal Dissolution
• Principle Of Legality
• Contempt Of Court
• Functus Officio
• Costs Award

Posthumous N.O and Others v Member of the Executive Council for Cooperative Governance, Human Settlements and Traditional Affairs and Others (1586/2020)

Posthumous N.O and Others v Member of the Executive Council for Cooperative Governance, Human Settlements and Traditional Affairs and Others (1586/2020) [2020] ZANCHC 78 (9 November 2020)

Court

Northern Cape High Court, Kimberley

Case number

1586/2020

Judges

Williams, Mofokeng

The court held that the Provincial Executive Council's decision to dissolve the Renosterberg Local Municipality was lawful and complied with the requirements of section 139(5)(b) of the Constitution, which mandates dissolution in cases of financial crisis and does not require a 14-day waiting period. The mistaken reference to the waiting period in the MEC's notification to the NCOP did not override the legislative provisions. The applicants' reliance on procedural grounds was misplaced, as the jurisdictional facts for both discretionary and mandatory interventions were present, and the mandat…

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• Section 139 Intervention
• Municipal Dissolution
• Procedural Fairness
• Intergovernmental Relations Framework Act
• Local Government Finance
• Judicial Review

Democratic Alliance and Others v Premier for the Province of Gauteng and Others (18577/20)

Democratic Alliance and Others v Premier for the Province of Gauteng and Others (18577/20) [2020] ZAGPPHC 813 (10 June 2020)

Court

North Gauteng High Court, Pretoria

Case number

18577/20

Judges

D Mlambo, S Potterill, N Ranchod

The court found that the continued administration of the City of Tshwane by an unelected administrator beyond the constitutionally mandated 90 days constitutes exceptional circumstances justifying the execution of the main order pending appeal. The Constitution strictly limits the term of an administrator to 90 days following municipal dissolution, and any extension is unlawful and undermines democratic governance. The applicants established irreparable harm both to themselves and to the citizens of Tshwane, who are deprived of their right to be governed by elected representatives. The respon…

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• Municipal Dissolution
• Section 18 Superior Courts Act
• Local Government Elections
• Exceptional Circumstances
• Irreparable Harm
• Mandamus

Democratic Alliance and Others v Premier for the Province of Gauteng and Others (18577/20)

Democratic Alliance and Others v Premier for the Province of Gauteng and Others (18577/20) [2020] ZAGPPHC 330 (10 June 2020)

Court

North Gauteng High Court, Pretoria

Case number

18577/20

Judges

D Mlambo, S Potterill, N Ranchod

The court found that the continued control of the City of Tshwane by an unelected administrator beyond the constitutionally mandated 90-day period constitutes exceptional circumstances justifying the execution of the main order pending appeal. The extension of the administrator's term, resulting from the postponement of elections due to the Covid-19 pandemic and the pending appeals, breaches peremptory constitutional provisions and undermines democratic governance. The applicants established irreparable harm both to themselves and to the citizens of Tshwane, as the denial of elected represent…

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• Municipal Dissolution
• Section 18 Interim Execution
• Local Government Elections
• Constitutional Rights
• Exceptional Circumstances
• Irreparable Harm

Ngaka Modiri Molema District Municipality v Chairperson of the North West Provincial Executive Council and Others (M390/2014)

Ngaka Modiri Molema District Municipality v Chairperson of the North West Provincial Executive Council and Others (M390/2014) [2014] ZANWHC 46 (25 September 2014)

Court

North West High Court, Mafikeng

Case number

M390/2014

Judge

R D Hendricks

The applicant failed to establish a prima facie right to interim relief, as the right to review the dissolution decision does not require preservation pending litigation. No irreparable harm to the municipality was demonstrated, and the harm alleged related to individual councillors who were not parties to the application. The balance of convenience did not favour the applicant, and no substantial redress was shown to be unavailable at a hearing in due course. The requirements for interim interdictory relief were not met, and the application was dismissed with costs, including the costs of tw…

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• Interim Interdict
• Municipal Dissolution
• Separation Of Powers
• Irreparable Harm
• Local Government Intervention
• Costs Order

Overberg District Municipality and Others v Premier Of Western Cape and Others (16166/2010)

Overberg District Municipality and Others v Premier Of Western Cape and Others (16166/2010) [2010] ZAWCHC 533 (8 November 2010)

Court

Western Cape High Court, Cape Town

Case number

16166/2010

Judge

Bozalek

The High Court granted leave to appeal and allowed its earlier order reinstating Overberg District Municipality’s council to be implemented pending appeal.

• Section 139 Intervention
• Municipal Dissolution
• Urgent Application
• Leave To Execute
• Local Government Budget
• Democratic Governance