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South Africa decisions
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Naledi Local Municipality v Reitum Investments (Pty) Ltd and Others (M259/2022) [2025] ZANWHC 10 (22 January 2025)
The court found the municipality’s sale and valuation of Vryburg land unlawful, but let Reitum keep the property if it pays the balance of true value.
Modimolle-Mookgopong Local Municipality v CXMI (Pty) Ltd and Another (70315/2018) [2024] ZAGPPHC 1035 (7 October 2024)
The court found that the relief sought in the present application is essentially identical to that sought in the previously dismissed review application before Mali J, involving the same parties and the same issue—the validity of the MSLA. The requirements for res judicata are met, and there is no equitable or fairness-based reason to relax the doctrine in this case. The applicant was aware of the previous order and failed to take steps to rescind it. Consequently, the court is functus officio and cannot adjudicate the matter anew. The alternative relief to set aside the arbitration award was…
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Eldocrete (Pty) Ltd v Direlanang Construction and Project CC and Another (M630/2023) [2024] ZANWHC 211 (15 August 2024)
The High Court dismissed Eldocrete’s application because it failed to prove valid municipal approval and authority for a cession agreement binding the municipality.
William Darier t/a Urban Soccer v City of Tshwane Metropolitan Municipality (18085/2020) [2024] ZAGPPHC 829 (13 August 2024)
The High Court held that a municipal lease addendum concluded after termination of the original lease was invalid for non-compliance with procurement law.
EMS Solutions (PTY) Ltd v Mohakare Local Municipality (3972/2020) [2024] ZAFSHC 255 (7 August 2024)
The court found that the VAT recovery services agreement between the Plaintiff and Respondent was an administrative agreement that remained valid and binding until set aside by a court in judicial review. The Respondent benefitted substantially from the Plaintiff's services, receiving R35 million in VAT refunds and becoming SARS compliant. The Respondent's counterclaim for review failed due to non-compliance with Uniform Rule 53, as no record was filed. The Plaintiff proved that its services were rendered in accordance with the proposal and the Respondent's instructions, and was therefore ent…
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Zethu Consulting Services (Pty) Ltd v Ekurhuleni Metropolitan Municipality and Others (46470/2021) [2024] ZAGPJHC 774 (6 August 2024)
The court found that while the applicant was validly appointed to the panel, its subsequent appointments to the three projects were irregular and unlawful due to non-compliance with statutory and constitutional procurement requirements. The Municipality established four independent grounds for review: the projects fell outside the scope of the original tender, there was no approved budget, no gap analysis was performed, and standard operating procedures were not followed. The delay in bringing the review was justified as the irregularities were concealed by insiders and only discovered upon r…
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Matjhabeng Local Municipality v Pakampho Electrical and Others (911/2023) [2024] ZAFSHC 153 (6 June 2024)
The court found that the First Respondent failed to prove proper service of summons on the Applicant as required by Section 115 of the Local Government Municipal Systems Act and Rule 4(1)(a)(viii). The return of service did not establish that the person served was authorised to accept service on behalf of the municipal manager. The Registrar relied on a defective return of service when granting default judgment. The court held that the process leading to the default judgment was not fair and did not comply with statutory and rule requirements. Consequently, the default judgment, warrant of ex…
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Kgetlengrivier Concerned Citizens v Kgetlengrivier Local Municipality and Another (M373/2021) [2024] ZANWHC 162 (6 June 2024)
The court found that the applicant's grounds for leave to appeal merely repeated arguments already considered and rejected in the main application. The applicant failed to demonstrate any reasonable prospect that another court would reach a different conclusion, particularly in the absence of factual evidence supporting claims of unqualified personnel or procedural irregularity. The procurement and appointment of the second respondent were found to be lawful under section 110(2) of the Local Government Municipal Finance Management Act, and the applicant did not establish that the respondents'…
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Bosch Munitech (Pty) Ltd v Govan Mbeki Municipality (33425/16) [2024] ZAGPPHC 531 (6 June 2024)
The court found that the defendant's legality challenge to the contract was unduly delayed, with no explanation provided for the seven-year lapse between contract conclusion and initiation of review proceedings. The court exercised its discretion not to condone the delay, noting that the defendant had always been aware of the contract and had acted in a manner consistent with its validity, including making payments and ratifying the agent's conduct. The plaintiff's version was accepted, as the defendant presented no evidence to refute it. The contract was held to be valid, and the defendant's…
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City of Ekurhuleni Metropolitan Municipality ; In re: Unlawful Occupiers: 1 Argyl Street and Others v Rohlandt Holdings CC and Others (CCT 228/22) [2024] ZACC 10; 2025 (1) SA 1 (CC) (31 May 2024)
The Constitutional Court held that the High Court erred in refusing rescission of the consent order. The consent order did not comply with the requirements set out in Eke v Parsons, as it failed to resolve the main dispute, was not constitutionally or statutorily compliant, and did not confer a practical or legitimate advantage. The City had not complied with the Local Government Ordinance and the Constitution regarding municipal acquisition of property, and its attorney lacked authority to consent to the order. Estoppel could not operate to bind the City in the face of statutory non-complian…
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