South Africa Case Law

Casting, Forging and Machining Cluster of South Africa (NPC) and Others v National Energy Regulator of SA and Others (92792/2019)

Casting, Forging and Machining Cluster of South Africa (NPC) and Others v National Energy Regulator of SA and Others (92792/2019) [2022] ZAGPPHC 927 (25 November 2022)

Court

North Gauteng High Court, Pretoria

Case number

92792/2019

Judge

E.M Kubushi

NERSA's approval of City Power's 2019/2020 electricity tariffs was unlawful, irrational, and invalid. The regulator failed to require or consider a cost of supply study, relied on outdated and generic financial data, and did not assess the costs for different customer categories. This contravened the requirements of the Electricity Regulation Act and the Electricity Pricing Policy, which mandate cost-reflective tariffs and avoidance of undue discrimination. The benchmarking methodology used was a guideline, not binding law, and NERSA retained discretion to depart from it where its application…

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• Promotion Of Administrative Justice Act
• Electricity Tariff Regulation
• Cost Reflective Tariffs
• Municipal Powers And Duties
• Judicial Review
• Cross Subsidisation

Smith and Others v Stellenbosch Municipality and Others (18381/2022)

Smith and Others v Stellenbosch Municipality and Others (18381/2022) [2022] ZAWCHC 134 (11 July 2022)

Court

Western Cape High Court, Cape Town

Case number

18381/2022

Judge

Binns-Ward

The court held that the Stellenbosch Municipality's decision to accept the donation of land from the Trust was an exercise of executive power, not administrative action, and therefore not subject to review under PAJA. There was no statutory or constitutional requirement for public consultation prior to accepting the donation, and the council meeting was properly held in committee. The Trust's resolution to donate the land was invalid as it was adopted without proper notice to all trustees, lacked quorum, and was not authorised by the Master as required by the Trust Property Control Act and th…

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• Promotion Of Administrative Justice Act
• Municipal Powers And Duties
• Donation Of Land
• Counter Spoliation
• Unlawful Eviction
• Trustees Fiduciary Duties

Mayfair Residents Association and Others v City of Johannesburg Metropolitan Municipality and Others (2148/2019)

Mayfair Residents Association and Others v City of Johannesburg Metropolitan Municipality and Others (2148/2019) [2021] ZAGPJHC 55 (19 May 2021)

Court

South Gauteng High Court, Johannesburg

Case number

2148/2019

Judge

L R Adams

The High Court held that Erf 56 was zoned as public open space and could not lawfully be used for parking, storage or retail activity. It granted interdicts and nuisance relief.

• Zoning Scheme Enforcement
• Public Open Space Definition
• Municipal Powers And Duties
• Actionable Nuisance
• Statutory Interdict
• Constitutional Environmental Rights

City of Tshwane Metropolitan Municipality v Business Connexion (Pty) Limited and Others (19857/2017)

City of Tshwane Metropolitan Municipality v Business Connexion (Pty) Limited and Others (19857/2017) [2017] ZAGPPHC 456 (21 July 2017)

Court

North Gauteng High Court, Pretoria

Case number

19857/2017

Judge

AC Basson

The court found that the applicant's insistence on compliance with multiple scheme conditions, including submission of a MSDP and a specific UDF, was not supported by the Amendment Scheme or applicable legislation. The scheme does not require a MSDP or a formal approval process for a UDF as prerequisites for building plan approval. The approval of the Site Development Plan (SDP) for the Business Connexion building constituted full compliance with scheme requirements regarding density, coverage, height, and building lines. Geological and structural safety requirements were met for the specific…

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• Building Plan Approval
• Occupancy Certificate
• Town Planning Scheme Interpretation
• Urban Design Framework
• Municipal Powers And Duties
• Declaratory Relief

Abbott v Overstrand Municipality and Others (99/2015)

Abbott v Overstrand Municipality and Others (99/2015) [2016] ZASCA 68 (20 May 2016)

Court

Supreme Court of Appeal

Case number

99/2015

Judges

Lewis, Cachalia, Tshiqi, Fourie, Baartman

The appeal was dismissed because the appellant failed to establish that the municipality was under any legal obligation or possessed the necessary authority to take steps to prevent flood damage to his property. The relevant powers to manage the estuary and breach the berm were not assigned to the municipality by national or provincial legislation, and the municipality could not lawfully assume powers it did not have. The factual basis for the appellant's claims was also not established, as the evidence did not support the existence of an established practice of breaching the berm at the lowe…

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• Promotion Of Administrative Justice Act
• Municipal Powers And Duties
• Legitimate Expectation
• Estuarine Management
• Review Of Administrative Action

City of Johannesburg v Dladla and Others (403/2015)

City of Johannesburg v Dladla and Others (403/2015) [2016] ZASCA 66; 2016 (6) SA 377 (SCA) (18 May 2016)

Court

Supreme Court of Appeal

Case number

403/2015

Judges

Mpati, Leach, Pillay, Willis, Mbha

The Supreme Court of Appeal held that the rules of the Ekuthuleni Shelter, including curfews and gender separation, were reasonable and did not constitute unconstitutional infringements of the occupiers' rights to dignity, privacy, or family life. The court emphasized that the constitutional obligation was to provide temporary accommodation in an emergency, not permanent housing, and that the limitations imposed by the Shelter's rules were justified by practical considerations, safety, and the nature of emergency accommodation. The court found that the occupiers had not sought alternative acc…

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• Right To Temporary Accommodation
• Limitation Of Rights
• Municipal Powers And Duties
• Housing Policy
• Dignity And Privacy
• Gender Separation In Emergency Shelters