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South Africa decisions
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Seshoene v Masogo and Others (707/2014) [2024] ZALMPPHC 105 (30 August 2024)
The High Court held that the respondents’ garage unlawfully encroached on the applicant’s property and ordered demolition or safe partial demolition.
Govan Mbeki Municipality v Mndebele and Others (775/2021) [2021] ZAMPMHC 16 (16 May 2021)
The court found that the applicant failed to set out clear and sufficient grounds for leave to appeal, rendering the application defective. The High Court retained jurisdiction as the dispute did not concern enforcement of rights under the Labour Relations Act but rather contractual and constitutional rights. The Oudekraal principle did not apply because the ruling by the disciplinary chairperson was not administrative action. The application for leave to appeal was not properly authorised by the municipal council, as the resolution was adopted after the application was filed and did not rati…
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Shikwane and Another v Bojanala Platinum District Municipality and Others (J 774/20) [2020] ZALCJHB 191 (29 August 2020)
The Court found that the applicants failed to establish urgency, as the disciplinary process and relevant Council resolutions dated back to October 2019, and the applicants delayed in challenging these processes. The urgency claimed was self-created, and the applicants had alternative remedies available, including proceedings before the CCMA and internal appeal mechanisms. The Court held that substantial compliance with Regulation 5 was achieved, as the Council adopted the investigation report and proceeded with disciplinary action. There were no exceptional circumstances justifying intervent…
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Matlala v Greater Tzaneen Local Municipality (J2289/19) [2020] ZALCJHB 2 (3 January 2020)
The court found that the respondent materially failed to comply with Regulation 6 of the Local Government: Disciplinary Regulations for Senior Managers when suspending the applicant. The respondent did not provide a prima facie basis for believing the applicant committed serious misconduct, nor did it specify the grounds for suspension or the necessity thereof. The notices and council resolutions lacked sufficient particularity to enable the applicant to make meaningful representations. The respondent's ex post facto justifications in its answering affidavit could not cure these defects. The…
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Molala v Metsimaholo Local Municipality and Others (5464/2018) [2019] ZAFSHC 267 (20 August 2019)
The High Court held that disciplinary charges of financial misconduct had to be dealt with under the 2014 Regulations, and interdicted the municipality from continuing unlawfully.
Maluleke v Greater Giyani Local Municipality and Others (J3093/18) [2018] ZALCJHB 456; (2019) 40 ILJ 1061 (LC) (4 October 2018)
The Labour Court dismissed an urgent bid to halt municipal disciplinary proceedings, rejecting challenges to authority, waiver, and the investigator’s report.
Afriforum v Emadleni Municipality (A286/2015) [2016] ZAGPPHC 510 (27 May 2016)
The High Court held that a municipality could not refuse a PAIA request on technical or unsupported grounds and ordered disclosure, with costs against the municipality.
Mere v Tswaing Local Municipality and Another (J1236/15) [2015] ZALCJHB 193; [2015] 10 BLLR 1035 (LC) ; (2015) 36 ILJ 3094 (LC) (7 July 2015)
The court held that the administrator, appointed under Section 139(1)(c) of the Constitution following the dissolution of the municipal council, possessed all the powers of the council, including the authority to suspend senior managers. The applicant was notified of the intention to suspend, informed of the reasons both verbally and in writing, and given seven days to make representations, which he did. The court found that there was substantial compliance with Regulation 6 of the Municipal Regulations. The applicant failed to establish a clear right to relief, as the suspension was lawful a…
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South African Municipal Workers Union obo Matola v Mbombela Local Municipality (J2566/14) [2014] ZALCJHB 434; (2015) 36 ILJ 1341 (LC) (10 November 2014)
The Labour Court held that placing a municipal senior manager on “special leave” without consent was really a suspension and was unlawful.
Sanderlings Home Owners Association and Others v Module Controls CC (A365/2013) [2014] ZAWCHC 37 (19 March 2014)
The High Court dismissed an appeal over refusal of amended building plans, holding the homeowners association lacked authority to enforce the municipal bulk restriction.
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