South Africa Case Law

Water and Sanitation Services South Africa (Pty) Ltd v King Cetshwayo District Municipality and Others

Water and Sanitation Services South Africa (Pty) Ltd v King Cetshwayo District Municipality and Others [2020] ZALCJHB 269; J 630/20 (3 September 2020)

Court

Labour Court Johannesburg

Case number

J 630/20

Judge

Van Niekerk

The Court found that the termination of the SLA resulted in the municipality assuming the essential assets, infrastructure, and activities previously conducted by the applicant. The municipality continued to provide water services seamlessly, using the same infrastructure and operational methods. The factual enquiry established that the business operated by the applicant was transferred to the municipality as a going concern, triggering section 197 of the LRA. The contracts of employment of the listed employees were automatically transferred to the municipality, and all rights and obligations…

Source excerpt

• Section 197 Transfer
• Outsourcing And Insourcing
• Automatic Transfer Of Employment
• Municipal Services Contract
• Termination Of Service Level Agreement

Moore Stephens B & W v City of Matlosana Municipality (KP534/2018)

Moore Stephens B & W v City of Matlosana Municipality (KP534/2018) [2020] ZANWHC 40 (28 August 2020)

Court

North West High Court, Mafikeng

Case number

KP534/2018

Judge

Gura

The High Court granted the municipality leave to appeal against summary judgment, finding reasonable prospects that another court may reach a different result.

• Summary Judgment
• Leave To Appeal
• Municipal Services Contract
• Division Of Revenue Act
• Bona Fide Defence
• Leave-to-appeal

Metropol Consulting (Pty) Ltd v City of Johannesburg Metropolitan Municipality and Another (21725/2018)

Metropol Consulting (Pty) Ltd v City of Johannesburg Metropolitan Municipality and Another (21725/2018) [2020] ZAGPJHC 392 (24 April 2020)

Court

South Gauteng High Court, Johannesburg

Case number

21725/2018

Judge

I Opperman

The court found that Metropol's proposed amendment sought to enforce a tacit agreement that was concluded in violation of section 217 of the Constitution and the applicable procurement legislation. The pleaded facts established that the agreement was designed to circumvent the City's prescribed procurement processes, rendering it illegal and void. The court held that South African law does not recognise a claim for specific performance based on an illegal contract, and section 172(1)(b) of the Constitution does not automatically entitle a party to just and equitable relief unless such relief…

Source excerpt

• Amendment Of Pleadings
• Public Procurement
• Specific Performance
• Illegality Of Contract
• Just And Equitable Relief
• Municipal Services Contract

City of Johannesburg Metropolitan Municipality v International Parking Management (Pty) Ltd and Others (10548/2010)

City of Johannesburg Metropolitan Municipality v International Parking Management (Pty) Ltd and Others (10548/2010) [2011] ZAGPJHC 5 (17 February 2011)

Court

South Gauteng High Court, Johannesburg

Case number

10548/2010

Judge

B H Mbha

The court held that the grounds advanced by the applicant—legality, public policy, and gross irregularity—do not fall within the exclusive grounds for review under section 33(1) of the Arbitration Act. The principle of party autonomy and the finality of arbitration awards require judicial deference, and errors of law or fact by arbitrators are not reviewable unless they amount to misconduct or gross irregularity preventing a fair trial. The contract's law enforcement provisions were not contrary to public policy or the Constitution, and the applicant's interpretation of statutory requirements…

Source excerpt

• Arbitration Act Section 33
• Public Policy In Contracts
• Legality Review
• Severability Of Contract
• Gross Irregularity
• Municipal Services Contract

Vrey NO and Another v City of Tshwane Metropolitan Municipality (14985/09)

Vrey NO and Another v City of Tshwane Metropolitan Municipality (14985/09) [2009] ZAGPPHC 154 (11 December 2009)

Court

North Gauteng High Court, Pretoria

Case number

14985/09

Judge

Ismail AJ

The High Court dismissed an urgent spoliation application against Tshwane, holding that the applicants lacked locus standi and that the dispute was contractual.

• Mandament Van Spolie
• Locus Standi
• Municipal Services Contract
• Municipal Systems Act
• Electricity Disconnection
• Mandament-van-spolie