South Africa Case Law

MEC: Department of Cooperative Governance, Human Settlements and Traditional Affairs and Another v Nama Khoi Local Municipality and Others (1396/2025)

MEC: Department of Cooperative Governance, Human Settlements and Traditional Affairs and Another v Nama Khoi Local Municipality and Others (1396/2025) [2025] ZANCHC 63 (27 June 2025)

Court

Northern Cape High Court, Kimberley

Case number

1396/2025

Judge

Mamosebo

The court found that the appointment of Mr Swartz as acting Municipal Manager was not unlawful, as the acting term was limited to three months and the waiver application to the Minister was pending. The MEC had locus standi to bring the application under section 54A(8) of the Systems Act, but failed to refute the respondents' factual assertions regarding the necessity and lawfulness of the appointment. The evidence showed that Mr Swartz's performance had improved the Municipality's audit outcomes and administration. The urgency claimed by the applicants was self-created due to their delay in…

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• Municipal Manager Appointment
• Retirement Age Waiver
• Locus Standi
• Declaratory Relief
• Urgency
• Regulation 41

Appolus and Others v Naledi Local Municipality and Others (UM199/2023)

Appolus and Others v Naledi Local Municipality and Others (UM199/2023) [2025] ZANWHC 97 (6 June 2025)

Court

North West High Court, Mafikeng

Case number

UM199/2023

Judge

J.T. Djaje

The court found that the respondents had complied with the requirements for prosecuting the section 18(4) appeal by filing the notice of appeal and corresponding with the Judge President's office, and that the appeal was pending. As a result, the execution of the judgments in question was suspended in terms of section 18(1) of the Superior Courts Act, and the relief sought by the applicants could not be granted. Regarding the protected disclosure claim, the court held that the first applicant failed to establish a causal link between his disclosure and the disciplinary proceedings, which were…

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• Contempt Of Court
• Municipal Manager Appointment
• Protected Disclosure Act
• Disciplinary Proceedings
• Section 18 Superior Courts Act

Thulo v Nala Local Municipality (2840/2023)

Thulo v Nala Local Municipality (2840/2023) [2025] ZAFSHC 75 (12 March 2025)

Court

Free State High Court, Bloemfontein

Case number

2840/2023

Judge

Reinders

The court found that the council's resolution terminating the applicant's acting appointment constituted administrative action as defined by PAJA. However, the applicant failed to institute review proceedings within the 180-day period prescribed by section 7(1) of PAJA, having waited eight months after receiving the termination letter without providing any explanation or seeking condonation for the delay. The court held that absent compliance with PAJA's timeframes, the application could not succeed. The applicant's entitlement to acting allowance and other relief was rendered moot by the fai…

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• Promotion Of Administrative Justice Act
• Municipal Manager Appointment
• Judicial Review Delay
• Acting Allowance Claim
• Non Joinder
• Lis Pendens

Bojosinyane v Ditsobotla Local Municipality and Others (2025/013682)

Bojosinyane v Ditsobotla Local Municipality and Others (2025/013682) [2025] ZALCJHB 87; (2025) 46 ILJ 1350 (LC) (28 February 2025)

Court

Labour Court Johannesburg

Case number

2025/013682

Judge

M Makhura

The Labour Court found that the Municipality's unilateral termination of the applicant's contract amounted to unlawful self-help and was void ab initio. The Municipality was not entitled to disregard the contract based on its own belief of invalidity; only a court of law can set aside such an appointment. The principle of legality and the rule of law require that public officials follow proper judicial processes rather than resorting to self-help. The applicant's contract of employment remains valid and in force, and he is entitled to resume his duties as municipal manager. The Labour Court h…

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• Unlawful Termination
• Self Help
• Municipal Manager Appointment
• Specific Performance
• Principle Of Legality

MEC for Department Cooperative Governance, Human Settlement and Traditional Affairs, Limpopo Province and Others v Sekgota (Appeal) (HCAA4/2024)

MEC for Department Cooperative Governance, Human Settlement and Traditional Affairs, Limpopo Province and Others v Sekgota (Appeal) (HCAA4/2024) [2024] ZALMPPHC 188 (22 November 2024)

Court

Limpopo High Court, Polokwane

Case number

HCAA4/2024

Judges

M.G Phatudi, M. Naude-Odendaal, G.J. Diamond

The Full Court upheld an appeal over a municipal manager appointment, holding the selection panel complied with Regulation 12 and the appointment was valid.

• Municipal Manager Appointment
• Local Government Regulations
• Selection Panel Composition
• Judicial Review Of Administrative Action
• Interpretation Of Statutes
• Municipal-manager-appointment

Penxa v Central Karoo District Municipality and Others (4913/24)

Penxa v Central Karoo District Municipality and Others (4913/24) [2024] ZAWCHC 300 (10 October 2024)

Court

Western Cape High Court, Cape Town

Case number

4913/24

Judge

DM Thulare

High Court granted execution of a municipal manager judgment pending appeal, finding urgency, exceptional circumstances, and irreparable harm to public administration.

• Execution Pending Appeal
• Municipal Manager Appointment
• Irreparable Harm
• Exceptional Circumstances
• Public Interest
• Costs Order

Mmope v Madibeng Local Municipality (15337/2022)

Mmope v Madibeng Local Municipality (15337/2022) [2024] ZAGPJHC 629 (8 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

15337/2022

Judge

Strydom

The High Court granted leave to appeal in a dispute over whether abandoning a municipal manager appointment process was administrative action under PAJA.

• Administrative Action Definition
• Municipal Manager Appointment
• Leave To Appeal
• Paja Exclusion
• Leave-to-appeal
• Administrative-action

Penxa v Central Karoo District and Others (4913/24)

Penxa v Central Karoo District and Others (4913/24) [2024] ZAWCHC 151 (5 June 2024)

Court

Western Cape High Court, Cape Town

Case number

4913/24

Judge

DM Thulare

The court found that the appointment of the fourth respondent as Municipal Manager did not comply with the prescribed competency requirements under the LGMSA and its Regulations. The evidence showed that the fourth respondent achieved only a 'basic' level in the competency assessment, which, according to the regulatory framework, rendered him unsuitable for the position. The court rejected the respondents' interpretation that 'basic' was sufficient, holding that only candidates assessed as 'competent' or higher meet the statutory requirements. The recruitment process was further tainted by ir…

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• Municipal Manager Appointment
• Competency Requirements
• Local Government Regulations
• Principle Of Legality
• Promotion Of Administrative Justice Act
• Urgent Review

Democratic Alliance v Speaker of the Knysna Municipal Council and Others (4247/2023; 4441/2023)

Democratic Alliance v Speaker of the Knysna Municipal Council and Others (4247/2023; 4441/2023) [2024] ZAWCHC 141 (28 May 2024)

Court

Western Cape High Court, Cape Town

Case number

4247/2023; 4441/2023

Judge

M Pangarker

The court struck an unauthorised leave to appeal application from the roll and granted section 18 relief, keeping the 10 May 2024 orders operative pending appeal.

• Municipal Manager Appointment
• Section 18 Superior Courts Act
• Leave To Appeal Procedure
• Authority To Act
• Exceptional Circumstances
• Irreparable Harm

Mere v Tswaing Local Municipality and Others (2017/2024)

Mere v Tswaing Local Municipality and Others (2017/2024) [2024] ZANWHC 124 (9 May 2024)

Court

North West High Court, Mafikeng

Case number

2017/2024

Judge

Petersen

The Court found that the Council failed to comply with Regulation 6 of the Disciplinary Regulations for Senior Managers in suspending the applicant. The initial notice of intention to suspend did not set out any allegations of misconduct, and the subsequent notice was vague and did not remedy the procedural defects. The applicant was not afforded a meaningful opportunity to make representations as required by Regulation 6. The Council's resolution and the suspension were therefore unlawful and invalid. The High Court has jurisdiction to hear the legality challenge, as the relief sought was no…

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• Precautionary Suspension
• Municipal Manager Appointment
• Disciplinary Regulations
• Principle Of Legality
• Jurisdiction Of High Court