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South Africa decisions
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Cebekhulu v City of Ekurhuleni Metropolitan Municipality and Others (2025/085510) [2025] ZALCJHB 282 (30 June 2025)
An urgent Labour Court application to stop a municipal recruitment process was struck off for lack of urgency and mootness after the appointment had already been made.
Manana v King Sabata Dalindyebo Local Municipality (PA01/2024) [2025] ZALAC 27; (2025) 46 ILJ 1899 (LAC) (7 May 2025)
The appeal was dismissed because the principle of ostensible authority cannot override statutory requirements for delegation of authority in organs of state. Section 59 of the Municipal Systems Act requires written delegation and council approval for sub-delegation of authority to settle disputes. Mr Nodo lacked such authority, and his unilateral actions could not bind the Municipality. The invocation of ostensible authority or estoppel is untenable where the legality principle is implicated, as courts cannot sanction illegality. The Labour Court correctly found that the Municipality was not…
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George Municipality v IMATU obo Bennet and Others (C385/2022) [2025] ZALCCT 27 (24 April 2025)
The Labour Court dismissed a review of an arbitration award finding that George Municipality unfairly appointed a candidate who lacked the required qualification.
Dreyer v City of Tshwane Metropolitan Municipality and Another (022825/2024) [2025] ZAGPPHC 382 (8 April 2025)
The court found that the pending litigation did not constitute a dispute regarding specific amounts owed, as required by section 102(2) of the Municipal Systems Act, and thus did not preclude the respondents from implementing debt collection measures. However, the respondents failed to properly serve the final demand notice in accordance with section 115 of the Act, as they knew or should have known the applicant's residential and postal addresses. Service under section 115(1)(e) was inappropriate given the facts. The lack of proper notice rendered the disconnection of electricity unlawful. T…
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Eight Nine Seven Delville (Pty) Limited v City of Ekurhuleni Metropolitan Municipality and Another (30238/2023) [2024] ZAGPJHC 1283 (13 December 2024)
The High Court held that the municipality could not impute tenants’ electricity debts to the property owner and barred disconnections while disputes remained unresolved.
Raubex Building (Pty) Ltd v Bitou Municipality and Another (13787/2024) [2024] ZAWCHC 378; [2025] 1 All SA 472 (WCC) (19 November 2024)
The applicant failed to establish a prima facie right to the interim interdict, as its bid did not comply with the tender specifications regarding height and number of floors, rendering it non-responsive. The harm alleged was speculative and one-sided, focusing on potential costs to the Municipality and taxpayer, while ignoring the prejudice to the community and the constitutional imperative to provide affordable housing. The balance of convenience weighed against the applicant, as granting the interdict would delay a flagship housing project and frustrate public interest. The applicant provi…
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City of Johannesburg Metropolitan Municipality v Mir-Air Prop (Pty) Limited (2023/093920) [2024] ZAGPJHC 977 (1 October 2024)
The court found that the plaintiff's claim was not liquidated, as the quantum was based on estimated and disputed readings, and no actual supply of electricity was alleged or proven for the relevant period. The defendant provided detailed factual disputes supported by photographs and account statements, demonstrating that the property was vacant, supply was terminated, and meters showed zero or no consumption. The plaintiff failed to engage with these factual disputes and relied on internal policies and by-laws that could not override statutory requirements. The court held that section 102(2)…
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Highlands CC v Matjhabeng Local Municipality (6835/2023) [2024] ZAFSHC 322 (19 September 2024)
The High Court held that Matjhabeng Local Municipality unlawfully removed individual electricity meters and installed a bulk meter without proving consent or authority.
Nongoma Local Municipality v Member of the Executive Council for Cooperative Governance and Traditional Affairs (KwaZulu-Natal) and Others (11032/2024P) [2024] ZAKZPHC 83 (31 July 2024)
The High Court set aside the MEC’s attempted secondment of municipal officials and suspended the extension dispute, finding the council and MEC acted without proper authority.
Melato v Masilonyane Local Municipality (2458/2023) [2024] ZAFSHC 215 (12 July 2024)
The court found that both acting appointments were made by the municipal council after consultation with the municipal manager, satisfying the requirements of section 56(1)(a) of the Municipal Systems Act. Although the MEC for Local Government raised objections regarding the applicant's qualifications, no steps were taken by the MEC within the statutory period to challenge or set aside the appointments. The respondent, not being the proper party under section 56(6), could not retrospectively challenge the validity of the appointments or seek repayment of the acting allowance. The High Court h…
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