South Africa Case Law

King Cetshwayo District Municipality v Water and Sanitation Services South Africa (Pty) Ltd and Others (JA9/21)

King Cetshwayo District Municipality v Water and Sanitation Services South Africa (Pty) Ltd and Others (JA9/21) [2025] ZALAC 3; [2025] 5 BLLR 460 (LAC); (2025) 46 ILJ 1111 (LAC) (10 January 2025)

Court

Labour Appeal Court

Case number

JA9/21

Judges

Mlambo JA, Nkutha-Nkontwana JA, Jolwana AJA

The court held that the termination of the service level agreement and the return of core municipal assets to the appellant constituted a transfer of a business as a going concern under section 197 of the Labour Relations Act. The nature of the business was asset-reliant, and the core assets necessary for the provision of bulk water services were returned to the municipality. The lack of transfer of certain assets owned by the first respondent and the non-transfer of employees did not preclude the application of section 197, as the business continued in substance under the appellant. The cour…

Source excerpt

• Section 197 Transfer
• Outsourcing
• Business As Going Concern
• Municipal Tender
• Employee Transfer
• Contractual Interpretation

Klaas Creative (Pty) Ltd v Buffalo City Metropolitan Municipality (1260/2023)

Klaas Creative (Pty) Ltd v Buffalo City Metropolitan Municipality (1260/2023) [2024] ZAECMKHC 145 (17 December 2024)

Court

Eastern Cape High Court, Makhanda

Case number

1260/2023

Judge

N Cengani-Mbakaza

The High Court dismissed Buffalo City’s exception, holding that Klaas Creative’s amended particulars of claim sufficiently pleaded breach of contract and unjustified enrichment.

• Exception To Pleadings
• Breach Of Contract
• Unjustified Enrichment
• Municipal Tender
• Assignment Of Rights
• Exception-to-pleadings

Lolo & Lolo Development Services CC v Great Kei Local Municipality and Others (1623/2022)

Lolo & Lolo Development Services CC v Great Kei Local Municipality and Others (1623/2022) [2022] ZAECMKHC 56 (30 August 2022)

Court

Eastern Cape High Court, Makhanda

Case number

1623/2022

Judge

N G Beshe

The High Court dismissed an urgent interim interdict application, finding the applicant’s urgency was self-created and that it should have acted sooner.

• Mining Permit
• Interim Interdict
• Self Created Urgency
• Municipal Tender
• Locus Standi
• Interim-interdict

City of Johannesburg Metropolitan Municipality v Kirk (14967/2017)

City of Johannesburg Metropolitan Municipality v Kirk (14967/2017) [2018] ZAGPJHC 439 (19 June 2018)

Court

South Gauteng High Court, Johannesburg

Case number

14967/2017

Judge

Nicholls

High Court security-for-costs application partially granted in a municipal tender damages dispute, with security ordered only for the exception and costs awarded against the respondent.

• Security For Costs
• Vexatious Litigation
• Prescription
• Pure Economic Loss
• Municipal Tender
• Exception Procedure

Asatico Civil and Construction (Pty) Ltd v Ekurhuleni Metropolitan Municipality (149200/2015)

Asatico Civil and Construction (Pty) Ltd v Ekurhuleni Metropolitan Municipality (149200/2015) [2016] ZAGPJHC 3 (21 January 2016)

Court

South Gauteng High Court, Johannesburg

Case number

149200/2015

Judge

Davis

Summary judgment was granted for a contractor against a municipality for unpaid tender work. The court rejected vague defences and applied Oudekraal principles.

• Summary Judgment
• Municipal Tender
• Invalid Administrative Action
• Oudkraal Principle
• Just And Equitable Remedy
• Contractual Liability

Mlonzi and Another v Municipal Manager, Engcobo Local Municipality and Another (2213/2015)

Mlonzi and Another v Municipal Manager, Engcobo Local Municipality and Another (2213/2015) [2015] ZAECGHC 101 (10 September 2015)

Court

Eastern Cape High Court, Grahamstown

Case number

2213/2015

Judge

C Plasket

Applying the Plascon-Evans rule, the court accepted the municipality's version of events. The applicants failed to deliver the trucks within the contractual period, did not provide proof of payment, and failed to register the vehicles as required. The municipality provided reasonable cooperation, including proxy documentation, and acted benevolently in waiting for delivery. The applicants' attempt to introduce unrelated lease agreements was rejected. The municipality was entitled to terminate the contract in terms of clause 23.1 of the General Conditions of Contract after the applicants faile…

Source excerpt

• Interim Interdict
• Specific Performance
• Municipal Tender
• Contract Termination
• Breach Of Contract

Cosira Developments (Pty) Ltd v Sam Lubbe Investments CC t/a Lubbe Construction and Others (09/20062)

Cosira Developments (Pty) Ltd v Sam Lubbe Investments CC t/a Lubbe Construction and Others (09/20062) [2011] ZAGPJHC 110; 2011 (6) SA 331 (GSJ) (9 September 2011)

Court

South Gauteng High Court, Johannesburg

Case number

09/20062

Judge

FHD Van Oosten

The High Court held that the applicant lacked privity of contract and locus standi to seek specific performance against the council in a successive sale dispute.

• Specific Performance
• Successive Sales
• Privity Of Contract
• Locus Standi
• Municipal Tender
• Public Policy

Jacobs v Msukaligwe Munisipalitiet en Andere (31189/2006)

Jacobs v Msukaligwe Munisipalitiet en Andere (31189/2006) [2007] ZAGPHC 114 (20 June 2007)

Court

High Courts - Gauteng

Case number

31189/2006

Judge

Pretorius R

The High Court dismissed a late administrative review over a municipal land tender, finding no basis for condonation and no practical relief after development.

• Promotion Of Administrative Justice Act
• Condonation
• Municipal Tender
• Judicial Discretion
• Declaration Of Rights
• Administrative-law