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South Africa decisions
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Kwende Construction CC v Ditsobotla Local Municipality (604/2024) [2025] ZANWHC 119 (15 July 2025)
The court upheld Kwende Construction CC’s counter-application, ordering Ditsobotla Local Municipality to pay the outstanding certified debt plus interest and punitive costs.
City of Tshwane Metropolitan Municipality v Phanyane and Others (2024/032979) [2025] ZAGPPHC 551 (30 May 2025)
The High Court dismissed a third defendant’s exception to a municipality’s alternative breach-of-contract claim arising from an alleged irregular procurement.
Smith v Buffalo City Municipality and Others (1323/2008) [2025] ZAECMKHC 43 (8 May 2025)
The court held that MFMA section 14 did not bar restoration of expropriated land found unsuitable for its public purpose and made the settlement an order.
Hlaniki Investment Holding (Pty) Ltd v City of Ekurhuleni Metropolitan Municipality (102773/2023) [2025] ZAGPJHC 376 (8 April 2025)
The court held that it was entitled to raise the issue of compliance with section 33(1) of the MFMA mero motu, as the contract's duration and its implications for public funds made the point of law necessary and apparent from the evidence. The SLA, on its face and as confirmed by the parties' conduct, extended beyond three financial years, triggering the requirements of section 33(1). The contract was not regularised in accordance with the statutory requirements, rendering it invalid. The court rejected the appellant's argument that the contract should be interpreted to uphold legality, findi…
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Ekurhuleni Water Care Company v Maziya General Services CC (2023/090528) [2025] ZAGPJHC 339 (3 April 2025)
The High Court dismissed Erwat’s self-review over contractual extensions, finding no reviewable public power and refusing condonation for the late application.
CNN Development Engineers and Project Managers CC v Dr A.B. Xuma Municipality (1640/2019) [2025] ZAECMKHC 23 (13 March 2025)
The High Court dismissed an exception to particulars of claim, holding that annexed offer-and-acceptance documents were enough for the defendant to plead.
Singyung Investments CC v Metropolitan Municipality of Tshwane and Others (43571/19) [2025] ZAGPPHC 469 (29 January 2025)
The court found that there is a genuine dispute of fact regarding the existence and terms of the alleged Tripartite Lease Agreement between the Applicant and the First Respondent. The evidence presented by both parties, including prior affidavits and conduct, demonstrates conflicting versions that cannot be resolved on the papers alone. The court applied the Plascon-Evans rule, holding that where material disputes of fact exist, final relief cannot be granted in motion proceedings unless the respondent's version is so far-fetched or untenable as to be rejected on the papers, which was not the…
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Pretoria Education Centre CC v City of Tswane Metropolitan Municipality and Another (008172/2022) [2025] ZAGPPHC 58 (28 January 2025)
The High Court ordered Tshwane to sign transfer documents for properties sold to Pretoria Educational Centre CC and awarded attorney-and-client costs.
Thabazimbi Local Municipality and Another v ABSA Bank Ltd and Others (8907/2024) [2024] ZALMPPHC 206 (18 December 2024)
The High Court held ABSA Bank and two officials in contempt for wilful non-compliance with prior orders granting municipal account access, and imposed fines, periodic imprisonment, and costs.
Mbambisa and Others v Nelson Mandela Bay Metropolitan Municipality (272/2023) [2024] ZASCA 151; (2025) 46 ILJ 277 (SCA); 2025 (3) SA 112 (SCA) (8 November 2024)
The Supreme Court of Appeal held that section 32 of the Municipal Finance Management Act creates a statutory obligation for municipalities to recover unauthorised, irregular, or fruitless and wasteful expenditure from officials who deliberately or negligently incur such expenditure, regardless of whether the municipality suffered actual loss or received value for the expenditure. The court rejected the defendants' argument that liability under section 32 is limited to legal accountability and not financial liability, finding that the plain language, context, and purpose of the provision requi…
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