South Africa Case Law

Abaqulusi Local Municipality and Another v Premier of the Province of KwaZulu-Natal and Others (3003/2022P)

Abaqulusi Local Municipality and Another v Premier of the Province of KwaZulu-Natal and Others (3003/2022P) [2023] ZAKZPHC 97 (15 September 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

3003/2022P

Judge

R Singh

The High Court set aside KwaZulu-Natal’s decision to retain a section 139 intervention in Abaqulusi Municipality, finding it unconstitutional, invalid, and not justly suspendable.

• Provincial Intervention
• Principle Of Legality
• Municipal Autonomy
• Section 139 Intervention
• Review Of Executive Action
• Section-139-intervention

Premier of the North West Province and Others v Kagisano Molopo Local Municipality and Others (CIV APP FB 01/2020)

Premier of the North West Province and Others v Kagisano Molopo Local Municipality and Others (CIV APP FB 01/2020) [2022] ZANWHC 7 (10 March 2022)

Court

North West High Court, Mafikeng

Case number

CIV APP FB 01/2020

Judges

Hendricks, Petersen, Snyman

The Full Bench held that the fact that the North West Provincial Government was placed under administration by the national government in terms of section 100 of the Constitution did not divest it of its constitutional powers to intervene in municipalities under section 139(1)(b). Section 100 does not constitute a complete takeover by the national government, but rather enables co-governance and support to ensure compliance with constitutional obligations. The provincial government retains oversight powers over local government, and its executive and administrative structures remain in place.…

Source excerpt

• Provincial Intervention
• Municipal Governance
• Section 100 Intervention
• Section 139 Intervention
• Cooperative Governance
• Judicial Review