South Africa Case Law

Rural Maintenance (Pty) Ltd and Another v Minister of Finance and Others (6068.2023)

Rural Maintenance (Pty) Ltd and Another v Minister of Finance and Others (6068.2023) [2024] ZAFSHC 408 (30 December 2024)

Court

Free State High Court, Bloemfontein

Case number

6068/2023

Judge

N S Daniso

The court held that the obligation to produce a record under Rule 53(1)(b) does not depend on the prior establishment of review jurisdiction. The entitlement to the record arises as of right once review proceedings are instituted, and the merits of reviewability are for determination in the main application, not at the interlocutory stage. The financial recovery plan materially affects the applicants' rights and is subject to review. National Treasury's refusal to provide the record was unjustified and infringed the applicants' constitutional rights to access to court and a fair hearing. The…

Source excerpt

• Rule 53 Record Production
• Reviewability Of Administrative Action
• Financial Recovery Plan
• Municipal Intervention
• Costs Award

Mafube Business Forum and Others v Premier of the Free State Province and Others (6435/2022)

Mafube Business Forum and Others v Premier of the Free State Province and Others (6435/2022) [2023] ZAFSHC 377 (3 October 2023)

Court

Free State High Court, Bloemfontein

Case number

6435/2022

Judge

Molitsoane

The court found that while there was delay and lack of urgency in the Respondents' compliance with the two previous court orders, the evidence showed that steps were taken to comply, including the appointment of an intervention team, approval of a budget, initiation of a financial recovery plan, and procurement for emergency overflow ponds. The court held that the Applicants failed to prove wilful and mala fide non-compliance by the Respondents. Furthermore, the application for committal of the Premier was fatally defective due to lack of personal service and citation in his personal capacity…

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• Contempt Of Court
• Municipal Intervention
• Service Delivery Failure
• Sewage Spillage
• Financial Recovery Plan
• Constitutional Obligations

MEC for Cooperative Governance and Traditional Affairs, KwaZulu-Natal and Another v Mtubatuba Local Municipality and Others (2562/2023)

MEC for Cooperative Governance and Traditional Affairs, KwaZulu-Natal and Another v Mtubatuba Local Municipality and Others (2562/2023) [2023] ZAKZDHC 63 (4 September 2023)

Court

Kwazulu-Natal High Court, Durban

Case number

2562/2023

Judge

Masipa

The court found that the applicants had demonstrated exceptional circumstances justifying the enforcement of the order pending appeal. The inability of the second applicant to perform statutory oversight functions resulted in ongoing and irreparable harm to governance and service delivery within the municipality. The respondents failed to show any irreparable harm that would result from the order being brought into operation. The balance of convenience favoured the applicants, as the intervention was mandated by law and necessary for proper administration. The respondents' continued obstructi…

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• Superior Courts Act Section 18
• Municipal Intervention
• Urgency
• Execution Pending Appeal
• Constitutional Section 139

Bojosinyane v Maroga and Others (Leave to Appeal) (UM197/2022)

Bojosinyane v Maroga and Others (Leave to Appeal) (UM197/2022) [2023] ZANWHC 139 (18 August 2023)

Court

North West High Court, Mafikeng

Case number

UM197/2022

Judge

S. Mfenyana

The High Court granted leave to appeal to the Full Court in a municipal intervention and employment dispute, finding arguable prospects of success.

• Municipal Intervention
• Appointment Of Administrator
• Section 139 Constitution
• Employment Contract Termination
• Leave-to-appeal
• Municipal-intervention

MEC for Cooperative Governance and Traditional Affairs, Free State Province v Metsimahalo Local Municipality and Others (1159/2020)

MEC for Cooperative Governance and Traditional Affairs, Free State Province v Metsimahalo Local Municipality and Others (1159/2020) [2020] ZAFSHC 155 (1 September 2020)

Court

Free State High Court, Bloemfontein

Case number

1159/2020

Judge

S Chesiwe

The court found that the second meeting held on 20 February 2020 at 15:10 was not a lawful continuation of the earlier meeting, as the first meeting had been officially closed by the Speaker. The second meeting lacked proper notice and agenda, violating statutory and internal municipal rules. The Fisher Group's argument that the meeting was a continuation was rejected, as the agenda differed and procedural requirements were not met. The court held that the statutory power to convene meetings resides with the Speaker, and the respondents' actions undermined lawful intervention and service deli…

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• Municipal Intervention
• Unlawful Meeting
• Local Government Structures Act
• Section 139 Intervention
• Service Delivery Disruption
• Costs Attorney Client Scale

Phokwane Local Municipality and Another v Mojaki and Another (487/2020)

Phokwane Local Municipality and Another v Mojaki and Another (487/2020) [2020] ZANCHC 54 (21 August 2020)

Court

Northern Cape High Court, Kimberley

Case number

487/2020

Judge

Mayet, AJ

The court confirmed a rule nisi interdicting interference with municipal administration, holding that urgency, locus standi and interim-interdict requirements were met.

• Municipal Intervention
• Interim Interdict
• Locus Standi
• Urgent Application
• Rule Nisi
• Disciplinary Procedure

Mnquma Local Municipality and Another v Premier of the Eastern Cape and Others (231/2009)

Mnquma Local Municipality and Another v Premier of the Eastern Cape and Others (231/2009) [2009] ZAECBHC 14 (5 August 2009)

Court

Eastern Cape High Court, Bhisho

Case number

231/2009

Judge

D Van Zyl

The court held that the provincial executive's decision to dissolve the Mnquma Municipal Council did not comply with the requirements of section 139(1)(c) of the Constitution. The jurisdictional facts necessary for intervention—namely, a current and objective failure to fulfil an executive obligation and the existence of exceptional circumstances—were absent. The provincial executive misconstrued statutory obligations as executive obligations and relied on cumulative, vague, and in some instances past or trivial failures, many of which could have been addressed by less intrusive means. The pr…

Source excerpt

• Municipal Intervention
• Section 139 Constitution
• Principle Of Legality
• Executive Obligations
• Judicial Review
• Local Government Autonomy