South Africa Case Law

Pretoria Educational Centre (Pty) Ltd v City of Tshwane Metropolitan Municipality and Another (008172/2022)

Pretoria Educational Centre (Pty) Ltd v City of Tshwane Metropolitan Municipality and Another (008172/2022) [2025] ZAGPPHC 683 (8 July 2025)

Court

North Gauteng High Court, Pretoria

Case number

008172/2022

Judge

Nthambeleni

The High Court found the City of Tshwane and its municipal manager in contempt for failing to comply with transfer orders, imposed a suspended fine, and awarded costs.

• Contempt Of Court
• Enforcement Of Court Orders
• Urgent Application
• Municipal Governance
• Contempt-of-court
• Court-order-enforcement

Ditsobotla Local Municipality and Others v Bojosinyane and Others (1229/25)

Ditsobotla Local Municipality and Others v Bojosinyane and Others (1229/25) [2025] ZANWHC 60 (27 March 2025)

Court

North West High Court, Mafikeng

Case number

1229/25

Judge

Titus

Urgent interim interdict granted restraining unlawful municipal office-bearer conduct and interference with Ditsobotla Local Municipality pending Part B.

• Interim Interdict
• Municipal Governance
• Suspension Pending Appeal
• Public Service Delivery
• Authority Of Office Bearers
• Interim-interdict

Democratic Alliance v City of Johannesburg (052407/2024)

Democratic Alliance v City of Johannesburg (052407/2024) [2025] ZAGPJHC 107 (14 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

052407/2024

Judge

S D J Wilson

The High Court dismissed the City of Johannesburg’s bid to extend suspension of an order invalidating councillors’ extra protection, finding no facts showing imminent harm.

• Remuneration Of Public Office Bearers Act
• Suspension Of Court Orders
• Municipal Governance
• Personal Protection For Councillors
• Suspension-of-court-orders
• Municipal-governance

Mokgope v Ratlou Local Municipality and Others (6503/24)

Mokgope v Ratlou Local Municipality and Others (6503/24) [2025] ZANWHC 34 (13 February 2025)

Court

North West High Court, Mafikeng

Case number

6503/24

Judge

A Reddy

The High Court interdicted a special municipal council meeting after finding the notice and agenda were not served timeously under the municipality’s standing rules.

• Municipal Governance
• Standing Rules Of Order
• Urgent Interdict
• Right To Participate In Council
• Procedural Fairness
• Urgent-interdict

Letlojane v Ratlou Local Municipality and Others (6451/24)

Letlojane v Ratlou Local Municipality and Others (6451/24) [2025] ZANWHC 21 (3 February 2025)

Court

North West High Court, Mafikeng

Case number

6451/24

Judge

A Reddy

The court found that the applicant failed to establish genuine urgency as required by Rule 6(12). The urgency was self-created because the applicant had a clear alternative remedy: the right to appeal or refer the dispute to the Bargaining Council, CCMA, or an accredited agency under the Labour Relations Act. The applicant did not demonstrate that he would not be afforded substantial redress in due course. The court emphasized that the right of access to court is fundamental but must be balanced against the need to follow established procedures. As a result, the application was struck from th…

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• Urgency In Motion Proceedings
• Unlawful Dismissal
• Municipal Governance
• Right Of Appeal
• Rule 6 12
• Substantial Redress

Democratic Alliance v City of Johannesburg and Others (052407/2024)

Democratic Alliance v City of Johannesburg and Others (052407/2024) [2025] ZAGPJHC 1 (2 January 2025)

Court

South Gauteng High Court, Johannesburg

Case number

052407/2024

Judge

S D J Wilson

The High Court set aside a Johannesburg Council VIP protection policy and related allowances as unlawful, but suspended the invalidity for six weeks.

• Rule Of Law
• Remuneration Of Public Office Bearers Act
• Municipal Governance
• Personal Protection Allowances
• Just And Equitable Remedy
• Rule-of-law

Ndabeni and Others v Tshepiso Mphehlo Executive Mayor and Others (Reasons) (598/2024)

Ndabeni and Others v Tshepiso Mphehlo Executive Mayor and Others (Reasons) (598/2024) [2024] ZANWHC 291 (2 December 2024)

Court

North West High Court, Mafikeng

Case number

598/2024

Judge

T Masike

High Court reasons dismissing an urgent application for lack of locus standi, a defective founding affidavit, and no proper basis for the interdict sought.

• Locus Standi
• Founding Affidavit Requirements
• Commissioning Of Affidavits
• Urgent Interdict
• Municipal Governance
• Locus-standi

Koingnaas Belastingbetalersvereniging v Kamiesberg Local Municipality and Another (2609/2021)

Koingnaas Belastingbetalersvereniging v Kamiesberg Local Municipality and Another (2609/2021) [2024] ZANCHC 111 (11 October 2024)

Court

Northern Cape High Court, Kimberley

Case number

2609/2021

Judge

M.C. Mamosebo

The court found that the applicant, Koingnaas Belastingbetalersvereniging, lacked locus standi in the counter-application due to non-compliance with its own constitution, which was dispositive of its participation. The applicant's reliance on Van Staden NO and Others v Pro Whiz Group (Pty) Ltd was misplaced, as the right to participate is contingent on compliance with internal governance. The requirements for a final interdict were met by the municipality, which acted to protect its functions from unlawful interference. The applicant's arguments regarding necessity and the development of comm…

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• Locus Standi
• Final Interdict
• Development Of Common Law
• Municipal Governance
• Necessity
• Bill Of Rights Limitation

Nkosi v Alfred Duma Local Municipality and Others (D224/2024)

Nkosi v Alfred Duma Local Municipality and Others (D224/2024) [2024] ZALCD 22 (3 July 2024)

Court

Labour Court Durban

Case number

D224/2024

Judge

K Allen-Yaman

The court found that the Local Government: Disciplinary Regulations for Senior Managers, 2010, are mandatory and binding on municipalities both as subordinate legislation and as incorporated into the applicant's employment contract. The municipality failed to comply with essential procedural requirements, including bringing allegations before the council, appointing an investigator by council resolution, and determining the seriousness of the misconduct. The municipal manager acted ultra vires by usurping council powers. These failures were substantive, not mere formalities, and constituted a…

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• Disciplinary Regulations For Senior Managers
• Interim Interdict
• Ultra Vires
• Breach Of Employment Contract
• Municipal Governance

Democratic Alliance and Others v Municipal Manager of the Gamagara Local Municipality and Others (1492/2023; 1793/2023)

Democratic Alliance and Others v Municipal Manager of the Gamagara Local Municipality and Others (1492/2023; 1793/2023) [2024] ZANCHC 6 (26 January 2024)

Court

Northern Cape High Court, Kimberley

Case number

1492/2023; 1793/2023

Judges

Lever, Olivier

The court found that the October 2023 events, in which new office bearers were elected through a democratic process, resolved the disputes between the parties and rendered the applications and counter-application moot. There was no longer a live controversy or issue of public importance requiring adjudication. The court declined to make academic rulings on the lawfulness of prior council meetings and decisions, noting that scarce judicial resources should not be expended on abstract questions. On urgency, the court agreed that the counter-application was not urgent but, for expediency, consid…

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• Municipal Governance
• Mootness
• Urgency
• Council Meeting Procedure
• Costs Order