South Africa Case Law

City of Tshwane Metropolitan Municipality v Moipone Group of Companies (Pty) Ltd and Another (27752/2017)

City of Tshwane Metropolitan Municipality v Moipone Group of Companies (Pty) Ltd and Another (27752/2017) [2024] ZAGPPHC 456 (21 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

27752/2017

Judge

Collis

The court found that the plaintiff, City of Tshwane, delayed unreasonably in instituting review proceedings to set aside its own procurement decision and the PPP Agreements with the first defendant. The delay spanned several years, during which the plaintiff was aware of the relevant facts and alleged irregularities but failed to act. The explanation for the delay was inadequate, and the plaintiff did not seek condonation. The court held that such excessive and unexplained delay is fatal to legality reviews, particularly where third parties, such as the second defendant (Absa Vehicle Manageme…

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• Municipal Procurement
• Public Private Partnerships
• Unreasonable Delay
• Legality Review
• Condonation
• Fraudulent Misrepresentation

SACS (Louis Trichardt) (Pty) Ltd v Commissioner for the South African Revenue Service (40420/2020 ; 17064/2021)

SACS (Louis Trichardt) (Pty) Ltd v Commissioner for the South African Revenue Service (40420/2020 ; 17064/2021) [2022] ZAGPPHC 710 (14 July 2022)

Court

North Gauteng High Court, Pretoria

Case number

40420/2020 ; 17064/2021

Judge

Vally

The court held that the default judgment by Cloete J in the Tax Court did not address the merits of the dispute regarding the interpretation and application of sections 10(1)(zI), 11(g), and 8(4)(a) of the Income Tax Act. Therefore, it did not constitute a 'final decision' for purposes of the APA, and SARS was not precluded from auditing or assessing the applicant's tax liabilities for the 2013-2019 tax years. The APA required a reasoned judgment on the merits to resolve the parties' divergent interpretations, which had not occurred. Regarding prescription, the court found that section 99(1)(…

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• Tax Administration Act
• Income Tax Act
• Prescription Of Tax Assessments
• Public Private Partnerships
• Default Judgment
• Jurisdiction Of High Court

City of Tshwane Metropolitan Municipality v Blair Atholl Homeowners Association (68226/2010)

City of Tshwane Metropolitan Municipality v Blair Atholl Homeowners Association (68226/2010) [2018] ZAGPPHC 58 (11 January 2018)

Court

North Gauteng High Court, Pretoria

Case number

68226/2010

Judge

Murphy

The High Court granted leave to appeal in a dispute over clause 6.16.1 of a municipal agreement on bulk water tariffs for a residential estate.

• Contractual Interpretation
• Public Private Partnerships
• Bulk Water Tariffs
• Contractual-interpretation
• Leave-to-appeal
• Municipal-law

Port Alfred Riverhouse Property (Pty) Limited v Ndlambe Municipality and Another (1223/2007)

Port Alfred Riverhouse Property (Pty) Limited v Ndlambe Municipality and Another (1223/2007) [2008] ZAECHC 126 (18 July 2008)

Court

High Courts - Eastern Cape

Case number

1223/2007

Judge

E Crouse

The High Court dismissed a review of Ndlambe Municipality’s lease of Kiddies Beach, finding no breach of a title deed restriction and sufficient publication.

• Promotion Of Administrative Justice Act
• Municipal Property Leasing
• Restrictive Title Conditions
• Public Private Partnerships
• Municipal-property-leasing
• Restrictive-title-conditions