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South Africa decisions
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Tunica Trading 104 v City of Mbombela (3550/2024) [2025] ZAMPMBHC 42 (23 May 2025)
Summary judgment was refused in a municipal payment dispute because the claim was not shown to be liquidated and the defendant raised a bona fide defence.
Democratic Alliance v Acting Municipal Manager of the Metsimaholo Local Municipality and Others (6192/2023) [2023] ZAFSHC 496 (21 December 2023)
The High Court granted urgent interim interdictory relief to suspend municipal settlement-related decisions and payments pending review, and ordered repayment of funds received.
Calvin and Family Security Services v Centlec (SOC) Ltd (6311/2023) [2023] ZAFSHC 468 (30 November 2023)
The court found that the urgency claimed by the applicant was self-created, as the applicant delayed taking action after receiving the termination notice and imposed unjustified timeframes on the respondent. The applicant failed to establish a prima facie right to the relief sought, as the contract documents, including the appointment letter and tender documents, formed part of the SLA and clearly stipulated the budgetary limitation of R10 million. The respondent was entitled to terminate the SLA upon depletion of the budget, and any further payments would be unlawful under the Municipal Fina…
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Sakeliga NPC v Auditor-General South Africa [2023] ZAGPPHC 501; 36297/2022 (30 June 2023)
The court held that section 78 of PAIA is peremptory and precludes a requester from approaching the court before exhausting administrative remedies. The amended PAIA provides a complaints procedure to the Information Regulator for public bodies defined in section 1(b), such as the Auditor-General. The use of 'may' in section 77A(2) gives the requester a choice to pursue the complaint or not, but does not permit bypassing the administrative process for direct court access. The constitutional obligation to publish reports applies only to audit reports as defined in section 188 of the Constituti…
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Enoch Mgijima Municipality v Minister of Finance and Others (4351/2022) [2022] ZAECMKHC 125 (30 December 2022)
The court granted urgent interim relief stopping withholding of Enoch Mgijima Municipality’s equitable share pending review, finding urgency, a prima facie right, and irrationality.
Enoch Mgijima Local Municipality and Others v Twizza (Pty) Ltd and Others In re: Border-Kei Chamber of Business and Others v Eskom Holdings SOC Ltd and Others (CA115/2021) [2022] ZAECMKHC 61 (26 August 2022)
The court held that contempt proceedings are generally not competent for orders requiring payment of money, except in maintenance matters. However, the Mfenyana order imposed structural obligations on the municipal manager to oversee and report on compliance, which went beyond a mere money judgment. The second appellant was exonerated as she was not the designated responsible person. The third appellant, although nominated as responsible, did not act wilfully or in bad faith; the evidence showed genuine attempts to comply, transparency about financial difficulties, and engagement with provinc…
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PGN Civils (PTY) LTD v Greater Giyani Municipality (4924/2020) [2022] ZALMPPHC 6 (21 January 2022)
The court found that the applicant's claims were mutually contradictory and unquantifiable, with discrepancies between the amounts pleaded and the supporting documents. The applicant attempted to introduce new facts in reply, which is impermissible in provisional sentence proceedings. The completion certificate relied upon did not quantify the amounts due and was not a liquid document. The defendant provided evidence of payment and cession, raising a bona fide defence. The applicant failed to establish a clear and sustainable cause of action in the summons, and the application for provisional…
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Phumelela Dlomo JV Kantera Trading v Walter Sisulu Local Municipality and Others, Iziqhamo Zethu JV Noble Money v Walter Sisulu Local Municipality and Others (3729/2018, 3730/2018) [2018] ZAECGHC 138 (28 December 2018)
The High Court granted an interim interdict stopping implementation of two municipal tender awards to Amadwala pending review, finding the procurement process unfair and non-transparent.
Emfuleni Local Municipality v SAMWU obo Mokoena and Others; In re: Emfuleni Local Municipality v South African Local Government Bargaining Council (SALGBC) and Others (J2961/16) [2017] ZALCJHB 143 (3 May 2017)
The Labour Court stayed enforcement of arbitration awards against Emfuleni Local Municipality, accepted council-resolution security under municipal finance law, and reinstated the review.
Paparich Property Development CC and Others v Ekurhuleni Metropolitan Municipality (74017/13) [2017] ZAGPPHC 876 (25 April 2017)
High Court held that late completion under IPW4 did not forfeit payment; delays attracted contractual penalties, and the final payment certificate supported the plaintiffs' claim.
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