South Africa Case Law

Matjhabeng Local Municipality v Isizwe Kuqala General Dealer CC and Others (489/2020)

Matjhabeng Local Municipality v Isizwe Kuqala General Dealer CC and Others (489/2020) [2020] ZAFSHC 206 (11 November 2020)

Court

Free State High Court, Bloemfontein

Case number

489/2020

Judge

Mathebula

The court set aside a municipality’s sale and transfer of land for lack of valid Council authorisation under the MFMA, finding the transaction void.

• Municipal Finance Management Act
• Alienation Of Municipal Property
• Legality Review
• Nullity Of Administrative Action
• Condonation
• Deeds Registry Act

Moerane v Buffalo City Metropolitan Municipality and Others (CA161/2018)

Moerane v Buffalo City Metropolitan Municipality and Others (CA161/2018) [2020] ZAECGHC 18; (2020) 41 (ILJ) 1869 (ECG) (3 March 2020)

Court

Eastern Cape High Court, Grahamstown

Case number

CA161/2018

Judges

J.E. Smith, N.G. Beshe, S.M. Mfenyana

The High Court dismissed an appeal over a municipal appointment, holding the appointment null and void because the candidate lacked prescribed competencies and the panel was improperly constituted.

• Municipal Appointments
• Competency Assessment
• Nullity Of Administrative Action
• Composition Of Selection Panel
• Specific Performance
• Staff Establishment

Fleming v Fleming and Another (328/87)

Fleming v Fleming and Another (328/87) [1988] ZASCA 158; [1989] 4 All SA 417 (AD) (29 November 1988)

Court

Supreme Court of Appeal

Case number

328/87

Judges

Corbett, Joubert, Vivier, Steyn, Eksteen

The court held that the relevant regulations at the time prohibited the transfer of egg production permits, and the second respondent was not empowered to substitute permit holders or issue a new permit to the first respondent. The issuance of permit 4/125/06 to the first respondent was therefore ultra vires and a nullity. The prohibition in regulation 9 was absolute and applied to the administrative authority, not merely to private parties. The appellant's rights in permit 4/125/05 were not determined, as the appeal focused on the validity of the first respondent's permit. The conduct of the…

Source excerpt

• Statutory Permit Transfer
• Delectus Personae
• Egg Production Regulation
• Nullity Of Administrative Action