South Africa Case Law

Action SA v City of Tshwane Metropolitan Municipality and Others (070799/2023)

Action SA v City of Tshwane Metropolitan Municipality and Others (070799/2023) [2025] ZAGPPHC 159 (14 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

070799/2023

Judge

N.P. Mali

The High Court set aside Tshwane council decisions made by a conflicted Speaker who failed to recuse himself from no-confidence motions against him.

• Promotion Of Administrative Justice Act
• Municipal Structures Act
• Recusal And Bias
• Motion Of No Confidence
• Local Government Procedure
• Substitution Of Administrative Action

Independent South African National Civic Organisation (ISANCO) and Others v Nqonqo and Others (2880/2024)

Independent South African National Civic Organisation (ISANCO) and Others v Nqonqo and Others (2880/2024) [2025] ZAFSHC 18 (30 January 2025)

Court

Free State High Court, Bloemfontein

Case number

2880/2024

Judge

Mhlambi

The High Court dismissed ISANCO’s application to declare municipal vacancies and reinstate councillors, finding the relief inconsistent with the Municipal Structures Act.

• Municipal Structures Act
• Party List Vacancies
• Standing
• Condonation
• Costs Award
• Municipal-structures-act

Breede Valley Onhafhanklik v Speaker of the Breede Valley Municipality and Others (Leave to Appeal) (2613/23)

Breede Valley Onhafhanklik v Speaker of the Breede Valley Municipality and Others (Leave to Appeal) (2613/23) [2025] ZAWCHC 18 (27 January 2025)

Court

Western Cape High Court, Cape Town

Case number

2613/23

Judge

A Montzinger

The High Court extended time and granted Breede Valley Onafhanklik leave to appeal against dismissal of its review, finding reasonable prospects of success and public interest.

• Leave To Appeal
• Municipal Structures Act
• Review Of Administrative Action
• Extension Of Time
• Public Interest
• Leave-to-appeal

Theewaterskloof Local Municipality v Council of Theewaterskloof Local Municipality and Others (23535/2024)

Theewaterskloof Local Municipality v Council of Theewaterskloof Local Municipality and Others (23535/2024) [2024] ZAWCHC 407 (2 December 2024)

Court

Western Cape High Court, Cape Town

Case number

23535/2024

Judge

Slingers

The court held that the Theewaterskloof Local Municipality could not legally institute proceedings against its own council, as the council is the agency through which the municipality acts and holds no separate legal interest. Zimmerman lacked the necessary authority to bring the main application, as the council resolution only permitted litigation against other organs of state and after cooperative government steps had failed, which was not the case here. The requirements for an interim interdict were not met, as no prima facie right was established and the relief sought infringed the statut…

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• Municipal Structures Act
• Interim Interdict
• Authority To Institute Proceedings
• Abuse Of Process
• Separation Of Powers

Democratic Alliance and Another v Council of Theewaterskloof Local Municipality and Others (19623/2024)

Democratic Alliance and Another v Council of Theewaterskloof Local Municipality and Others (19623/2024) [2024] ZAWCHC 371 (15 November 2024)

Court

Western Cape High Court, Cape Town

Case number

19623/2024

Judge

Lekhuleni

The High Court set aside Theewaterskloof Municipality’s removal of Lincoln De Bruyn as executive mayor and the election of Theunis Zimmerman, citing unlawful procedure and inadequate notice.

• Municipal Structures Act
• Principle Of Legality
• Procedural Fairness
• Motion Of No Confidence
• Waiver Of Rights
• Punitive Costs

Breede Valley Onhafhanklik v Speaker of Breede Valley Municipality and Others (2613/23)

Breede Valley Onhafhanklik v Speaker of Breede Valley Municipality and Others (2613/23) [2024] ZAWCHC 341; [2025] 1 All SA 148 (WCC) (1 November 2024)

Court

Western Cape High Court, Cape Town

Case number

2613/23

Judge

A Montzinger

The court found that the Council's decision to appoint BVO councillors to s 80 committees was executive action, not administrative action, and thus subject to legality review rather than PAJA. The power to appoint councillors to committees is derived from the Constitution and the Structures Act, and is not contingent on party nomination. The Council's decision was rationally connected to the purpose of inclusive and effective municipal governance, ensuring fair representation and fulfilling councillors' statutory obligations. The means chosen by the Council were justified, and the process did…

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• Municipal Structures Act
• Principle Of Legality
• Committee Appointments
• Internal Municipal Governance

Mavundla v MEC: Department of Corporative Government and Traditional Affairs Kwazulu-Natal and Others (7940/2024)

Mavundla v MEC: Department of Corporative Government and Traditional Affairs Kwazulu-Natal and Others (7940/2024) [2024] ZAKZPHC 66 (16 August 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

7940/2024

Judge

E Bezuidenhout

The court rescinded an urgent interim order, discharged the rule nisi, and awarded punitive costs after finding defective service, non-joinder, and no case for interdictory relief.

• Municipal Structures Act
• Interim Interdict
• Joinder Of Parties
• Urgent Application Requirements
• General Law Amendment Act Section 35
• Urgent-application

MEC for the Co-Operative Governance and Traditional Affairs, KwaZulu-Natal v Nongoma Local Municipality and Others (2565/2022P)

MEC for the Co-Operative Governance and Traditional Affairs, KwaZulu-Natal v Nongoma Local Municipality and Others (2565/2022P) [2024] ZAKZPHC 59 (31 July 2024)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

2565/2022P

Judge

Notyesi

The court held that municipal councils possess constitutional and statutory autonomy to determine the size of their executive committees, including the power to reduce such size after the initial determination at the inaugural council meeting, provided the process is lawful and complies with statutory limits. The Structures Act does not prohibit councils from reducing the number of executive committee members, and the interpretation advanced by the MEC would lead to absurd and unbusinesslike results, undermining effective and efficient governance. The oversight role of the MEC does not extend…

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• Municipal Structures Act
• Local Government Autonomy
• Executive Committee Composition
• Statutory Interpretation
• Intergovernmental Dispute Resolution
• Locus Standi

Sehole v Kgatelopele Local Municipality and Others (CA&R 27/2024; 1682/2023)

Sehole v Kgatelopele Local Municipality and Others (CA&R 27/2024; 1682/2023) [2024] ZANCHC 68 (26 July 2024)

Court

Northern Cape High Court, Kimberley

Case number

CA&R 27/2024; 1682/2023

Judges

Mamosebo, Stanton

The court found that the applicant was validly appointed by the Municipal Council in terms of section 56(1)(a)(i) of the Municipal Systems Act and that the Municipal Manager lacked authority to terminate his services. The termination was effected without proper process, in bad faith, and without affording the applicant an opportunity to be heard. The respondents' reliance on the MEC's letter and subsequent rescission of the council resolution was misplaced, as the appointment did not require MEC concurrence for validity. The High Court has jurisdiction to review the administrative action unde…

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• Municipal Structures Act
• Appointment And Termination Of Municipal Managers
• Jurisdiction Of High Court
• Unlawful Administrative Action
• Just And Equitable Remedy

South African Municipal Workers Union obo Mgcineni v South African Local Government Bargaining Council and Others (JR749/22)

South African Municipal Workers Union obo Mgcineni v South African Local Government Bargaining Council and Others (JR749/22) [2024] ZALCJHB 244; (2024) 45 ILJ 2367 (LC); [2024] 11 BLLR 1198 (LC) (20 June 2024)

Court

Labour Court Johannesburg

Case number

JR749/22

Judge

RN Daniels

The court found that Mr Mgcineni was not dismissed by the Umsobomvu Local Municipality. His employment terminated by operation of law upon his election as a councillor, as provided by the Local Government: Municipal Structures Act and its regulations. The attempt to withdraw his candidacy after nominations closed was impermissible under the amended Act. The arbitrator's ruling was correct, as there was no act of dismissal by the employer; instead, the statutory provisions deemed him to have resigned. The applicant failed to establish any error in the arbitrator's understanding of the law, and…

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• Jurisdiction Of Bargaining Council
• Operation Of Law Termination
• Municipal Structures Act
• Deemed Resignation
• Unfair Dismissal