Smith and Others v Marx and Others (563/2003) [2005] ZAFSHC 58 (17 June 2005)
Court
Free State High Court, Bloemfontein
Case number
563/2003
Judges
Malherbe RP, Wright R
The High Court set aside a proclamation closing tertiary roads T984, T985 and T986 near Theunissen, finding the closure unreasonable and inadequately justified.
African National Congress and Another v Minister of Local Government and Housing, Kwazulu-Natal and Others (CCT19/97) [1998] ZACC 2; 1998 (3) SA 1; 1998 (4) BCLR 399 (24 March 1998)
The Constitutional Court held that section 182 of the interim Constitution entitles traditional leaders to ex officio membership of local government bodies established after elections, including the regional councils created by Proclamation 54 of 1996. The Court rejected the appellants' argument that these councils are not 'local government referred to in Chapter 10' or 'elected local government' for the purposes of section 182. The Court found that the constitutional purpose of section 182 is to ensure continuity and representation of traditional leaders during the transition to democratic l…