South Africa Case Law

Polokwane Local Municipality v Granor Passi (Pty) Ltd and Another (289/2018)

Polokwane Local Municipality v Granor Passi (Pty) Ltd and Another (289/2018) [2019] ZASCA 5; [2019] 2 All SA 307 (SCA) (1 March 2019)

Court

Supreme Court of Appeal

Case number

289/2018

Judges

Ponnan, Tshiqi, Wallis, Zondi, Dambuza

The Supreme Court of Appeal held that the municipality's refusal to transfer the property to Granor Passi was reviewable administrative action under PAJA. The council's resolution was based on a material error of fact, as all available evidence demonstrated that Granor Passi had paid the full purchase price for the property. The municipality failed to produce any countervailing evidence and relied on bare denials, which were unsupported and obstructive. The municipality's conduct did not meet constitutional standards of openness, fairness, and accountability. The high court was correct to set…

Source excerpt

• Promotion Of Administrative Justice Act
• Review Of Administrative Action
• Municipal Land Sale
• Specific Performance
• Prescription
• Procedural Fairness

Giant Concerts CC v Rinaldo Investments (Pty) Ltd and Others (CCT 25/12)

Giant Concerts CC v Rinaldo Investments (Pty) Ltd and Others (CCT 25/12) [2012] ZACC 28; 2013 (3) BCLR 251 (CC) (29 November 2012)

Court

Constitutional Court

Case number

CCT 25/12

Judges

Cameron, Mogoeng, Moseneke, Froneman, Jafta, Khampepe, Nkabinde, Skweyiya, Van der Westhuizen, Yacoob, Zondo

The Constitutional Court held that Giant Concerts CC lacked standing to challenge the municipal land sale because its asserted interest was hypothetical and unsupported.

• Standing Under Section 38
• Administrative Action Under Paja
• Municipal Land Sale
• Competitive Tendering
• Ultra Vires
• Procedural Fairness

Hanuscke Beleggings CC v Kungwini Local Municipality (512/2011)

Hanuscke Beleggings CC v Kungwini Local Municipality (512/2011) [2012] ZASCA 112 (12 September 2012)

Court

Supreme Court of Appeal

Case number

512/2011

Judges

Brand, Snyders, Malan, Shongwe, Theron

The appeal concerned a municipal land sale subject to suspensive conditions. The Supreme Court of Appeal held the conditions were not fulfilled within a reasonable time and the agreement lapsed.

• Suspensive Conditions
• Specific Performance
• Prescription Act
• Contract Lapse
• Municipal Land Sale
• Suspensive-conditions

Buffalo City Municipality and Another v Koekemoer (EL493/12, ECD 193/12)

Buffalo City Municipality and Another v Koekemoer (EL493/12, ECD 193/12) [2012] ZAECELLC 14 (24 August 2012)

Court

Eastern Cape High Court, East London Local Court

Case number

EL493/12, ECD 193/12

Judge

Smith

The High Court dismissed Buffalo City Municipality’s rescission application, holding that its default was inadequately explained, the defence was weak, and the application was not bona fide.

• Rescission Of Judgment
• Service Of Process
• Municipal Land Sale
• Suspensive Conditions
• Locus Standi
• Rescission-of-judgment

Diggers Development (Pty) Ltd v City of Matlosana and Others (824/2010)

Diggers Development (Pty) Ltd v City of Matlosana and Others (824/2010) [2011] ZASCA 247; [2012] 1 All SA 428 (SCA) (1 December 2011)

Court

Supreme Court of Appeal

Case number

824/2010

Judges

Cloete, Ponnan, Maya, Mhlantla, Petse

The Supreme Court of Appeal held that the sale agreement was subject to suspensive conditions, and in accordance with the Corondimas principle, no contract of sale existed until those conditions were fulfilled. The statutory requirements under s 79(18) of the Ordinance and relevant sections of the MFMA and Systems Act were complied with before the contract became unconditional and enforceable. The council's intention to alienate the land was only formulated when it adopted the resolution on 5 February 2009, at which point the contract of sale came into existence. The court found no merit in t…

Source excerpt

• Municipal Land Sale
• Suspensive Condition
• Compliance With Statutory Requirements
• Local Government Ordinance
• Municipal Finance Management Act
• Timing Of Statutory Compliance

Ixhanti Lethu Trading (Edms) Beperk v Matjhabeng Munisipaliteit and Others (6567/2007)

Ixhanti Lethu Trading (Edms) Beperk v Matjhabeng Munisipaliteit and Others (6567/2007) [2008] ZAFSHC 17 (27 February 2008)

Court

Free State High Court, Bloemfontein

Case number

6567/2007

Judge

K.J. Moloi

The court dismissed an application to confirm an interim interdict over municipal land, finding the sale invalid for lack of written authority and non-compliance with a council resolution.

• Alienation Of Land Act
• Municipal Land Sale
• Ultra Vires
• Written Authority Requirement
• Council Resolution Compliance
• Alienation-of-land-act