South Africa Case Law

City of Johannesburg Metropolitan Municipality v Independent Institute of Education (Pty) Ltd and Others (2023/095869)

City of Johannesburg Metropolitan Municipality v Independent Institute of Education (Pty) Ltd and Others (2023/095869) [2025] ZAGPJHC 629 (24 June 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/095869

Judge

Mudau

Leave to appeal was dismissed in a municipal rates-policy review, with the court finding no reasonable prospects of success or other compelling reason.

• Public Participation
• Rates Policy Review
• Best Interests Of Child
• Just And Equitable Remedy
• Municipal Powers
• Section 172 Constitution

Balt and Another v Mogale City Local Municipality and Others (2024-146054)

Balt and Another v Mogale City Local Municipality and Others (2024-146054) [2025] ZAGPPHC 125 (3 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024-146054

Judge

Lenyai

The High Court dismissed an urgent challenge to municipal electricity tariff increases because NERSA, as the approving regulator, was not joined.

• Non Joinder
• Electricity Tariffs
• Municipal Powers
• Electricity Regulation Act
• Costs In Legality Review
• Non-joinder

Eskom Holdings Soc Ltd and Another v Sonae Arauco (Pty) Ltd (1018/2023)

Eskom Holdings Soc Ltd and Another v Sonae Arauco (Pty) Ltd (1018/2023) [2024] ZASCA 177; 2025 (3) SA 78 (SCA) (18 December 2024)

Court

Supreme Court of Appeal

Case number

1018/2023

Judges

Mbatha, Weiner, Smith, Molopa-Sethosa, Koen

The Supreme Court of Appeal held that the curtailment agreement between Sonae and the municipality was not valid or enforceable, as it was not in writing and did not comply with the statutory requirements of the NRS048-9: 2019 Code of Practice. Sonae failed to demonstrate that its factory used 80% of the substation's supply or that the agreement met the Code's formalities. Eskom was not a party to the agreement and was statutorily obliged to assume responsibility for loadshedding when the municipality failed to comply with load reduction instructions. The Codes bind all parties and mandate Es…

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• Electricity Regulation Act
• Loadshedding
• Interim Interdict
• Municipal Powers
• Statutory Obligations

Cape Organisation for the Democratic Taxi Association George Branch v George Municipality and Others (20698/2023)

Cape Organisation for the Democratic Taxi Association George Branch v George Municipality and Others (20698/2023) [2024] ZAWCHC 367 (5 November 2024)

Court

Western Cape High Court, Cape Town

Case number

20698/2023

Judge

Gordon-Turner

The application became moot as the vehicles were released prior to the hearing, and the applicant conceded that the impoundments were not unlawful. The applicant and its members failed to use available statutory remedies, including PAIA for information and criminal courts for release orders. The municipality's requirement to follow PAIA was reasonable and did not constitute a refusal. The applicant persisted with litigation despite being aware that the substantive relief was no longer required, failed to withdraw the application or tender costs, and did not amend its papers as vehicles were r…

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• Impoundment Of Vehicles
• Urgent Interdict
• Access To Information
• Municipal Powers
• Costs Award
• Section 31 Criminal Procedure Act

Bela Bela VTS (Pty) Ltd v Bela Bela Municipality and Others (10379/2023)

Bela Bela VTS (Pty) Ltd v Bela Bela Municipality and Others (10379/2023) [2024] ZALMPPHC 107 (10 September 2024)

Court

Limpopo High Court, Polokwane

Case number

10379/2023

Judge

N. Gaisa

The court found that the municipality's letter of 3 August 2023 constituted a reviewable administrative decision with direct legal effect on the applicant's rights. Clause 6.2.2 of Schedule 3 to the National Road Traffic Regulations empowers municipalities to substantively consider and exercise discretion in supporting applications for vehicle testing stations, but this discretion is limited to factors within their constitutional competence, such as local planning and zoning. The municipality erred in considering market saturation and revenue impact, which fall outside its remit. The delay an…

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• Promotion Of Administrative Justice Act
• Municipal Powers
• Vehicle Testing Station Licensing
• Statutory Interpretation
• Procedural Fairness

Ekurhuleni Metropolitan Municipality v Lesufi (2022/058996)

Ekurhuleni Metropolitan Municipality v Lesufi (2022/058996) [2024] ZAGPJHC 663 (17 July 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/058996

Judge

S Aucamp

The High Court ordered demolition of unlawful structures built without approved plans and awarded costs, finding the respondent had ignored municipal notices and court directives.

• National Building Regulations
• Unlawful Structures
• Demolition Order
• Municipal Powers
• Town Planning Scheme
• Unlawful-structures

Zeus Shuttles and Coaches (Pty) Ltd and Another v Mangaung Metropolitan Municipality (5090/2023)

Zeus Shuttles and Coaches (Pty) Ltd and Another v Mangaung Metropolitan Municipality (5090/2023) [2024] ZAFSHC 156 (23 May 2024)

Court

Free State High Court, Bloemfontein

Case number

5090/2023

Judge

Van Rhyn

The High Court granted joinder of Mangaung Metropolitan Municipality to review proceedings about subsidised bus transport contracts under the NLTA.

• Joinder Of Parties
• Promotion Of Administrative Justice Act
• Public Procurement
• Municipal Powers
• Preferential Procurement Policy Framework Act
• Joinder-of-parties

Plettenberg Bay Ratepayers and Residents Association and Another v Bitou Municipality and Others (11309/2020)

Plettenberg Bay Ratepayers and Residents Association and Another v Bitou Municipality and Others (11309/2020) [2024] ZAWCHC 71 (4 March 2024)

Court

Western Cape High Court, Cape Town

Case number

11309/2020

Judge

Bhoopchand

The court dismissed a review of Bitou Municipality’s vehicle-leasing resolution for the mayor and deputy mayor, holding the applicants relied on the wrong legislation.

• Municipal Powers
• Judicial Review
• Remuneration Of Public Office Bearers
• Cost Containment Regulations
• Tools Of Trade
• Local Government Procurement

South African Municipal Workers Union and Others v Johannesburg Metropolitan Municipality and Others (2022/033927)

South African Municipal Workers Union and Others v Johannesburg Metropolitan Municipality and Others (2022/033927) [2024] ZAGPJHC 200; (2024) 45 ILJ 1134 (GJ) (29 February 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/033927

Judge

Moorcroft

The court found that the municipality's unilateral rescission of the conversion of employees from fixed term to permanent status was impermissible without a court order or agreement. The conversion of employment status was effected in accordance with municipal procedures and was not ultra vires the powers of the municipality. The employees and union were entitled to assume that internal arrangements and formalities had been complied with, and the conversion had legal consequences until set aside by a court. The respondent's decision to rescind the conversion without consultation or judicial i…

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• Unilateral Rescission Of Contract
• Permanent Employment Status
• Consultation Rights
• Municipal Powers
• Rule Of Law

Blue Crane Route Municipality v Storm and Others (1582/2023)

Blue Crane Route Municipality v Storm and Others (1582/2023) [2023] ZAECMKHC 119 (24 October 2023)

Court

Eastern Cape High Court, Makhanda

Case number

1582/2023

Judge

Rugunanan

The court found that the applicant failed to establish sufficient facts to justify final relief against the first, fourth, and fifth respondents. The confirmatory affidavits provided were inadequate and lacked specific detail regarding the alleged unlawful conduct. The respondents provided credible, detailed accounts and supporting documentation demonstrating their non-involvement. The applicant's case was not inherently credible, and disputes of fact were reasonably foreseeable. The court refused the referral to oral evidence, discharged the rule nisi against the first, fourth, and fifth res…

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• Interdict
• Service Delivery Dispute
• Dispute Of Fact
• Costs Award
• Municipal Powers