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South Africa Case Law

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Constitutional Law [2022] ZASCA 167

MEC Responsible for Local Government, Western Cape v Matzikama Local Municipality and Others (747/2021)

MEC Responsible for Local Government, Western Cape v Matzikama Local Municipality and Others (747/2021) [2022] ZASCA 167; 2023 (3) SA 521 (SCA) (30 November 2022)

Court
Supreme Court of Appeal
Case number
747/2021
Judges
Plasket, Hughes, Mabindla-Boqwana, Basson, Mali

The Supreme Court of Appeal held that s 106(1) of the Municipal Systems Act does not restrict investigations to only fraud and corruption. The section's wording and context, including the terms 'maladministration' and 'serious malpractice', are broad enough to encompass criminal conduct such as theft. The court found that the high court and the City of Cape Town precedent erred in interpreting s 106(1) narrowly. Excluding theft from investigation would undermine the purpose of the section and shield serious misconduct from oversight. The court also found that the high court's costs order was…

Source excerpt

  • Provincial Executive Powers
  • Municipal Systems Act
  • Maladministration Investigation
  • Serious Malpractice
  • Costs Award
  • Statutory Interpretation
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Constitutional Law [2013] ZACC 33

Minister of Police and Others v Premier of the Western Cape and Others (CCT 13/13)

Minister of Police and Others v Premier of the Western Cape and Others (CCT 13/13) [2013] ZACC 33; 2013 (12) BCLR 1365 (CC); 2014 (1) SA 1 (CC) (1 October 2013)

Court
Constitutional Court
Case number
CCT 13/13
Judges
Moseneke, Mogoeng, Cameron, Froneman, Jafta, Madlanga, Mhlantla, Nkabinde, Skweyiya, Van der Westhuizen, Zondo

The Constitutional Court held that the Premier of the Western Cape was constitutionally empowered under section 206(5) to appoint a commission of inquiry into police inefficiency and breakdown in relations between the police and the Khayelitsha community, and that such a commission may lawfully exercise subpoena powers over members of the Police Service. The Court found that the Premier had complied with cooperative governance obligations through extensive engagement with the Minister and Commissioner prior to the commission's appointment. The terms of reference were found to be sufficiently…

Source excerpt

  • Provincial Executive Powers
  • Commission Of Inquiry
  • Police Oversight
  • Cooperative Governance
  • Subpoena Powers
  • Bill Of Rights Protection
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Constitutional Law [2013] ZAWCHC 216

Minister of Police and Others v Premier of the Western Cape and Others (21600/12)

Minister of Police and Others v Premier of the Western Cape and Others (21600/12) [2013] ZAWCHC 216 (14 January 2013)

Court
Western Cape High Court, Cape Town
Case number
21600/12
Judges
N J Yekiso, J H M Traverso

The court found that the Premier of the Western Cape acted within her constitutional and statutory powers in establishing the commission of enquiry into police inefficiency and breakdown in relations in Khayelitsha. The Premier made repeated efforts to engage with the Provincial Commissioner, National Commissioner, and Minister, but received no substantive responses. The principle of co-operative governance was not violated, as the Premier's communications demonstrated good faith attempts at engagement. The commission's terms of reference were lawful, focused on systemic issues, and did not a…

Source excerpt

  • Provincial Executive Powers
  • Commission Of Enquiry
  • Cooperative Governance
  • Rationality Review
  • Interim Interdict
  • Police Oversight
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.