South Africa Case Law

Govan Mbeki Local Municipality v Glencore Operations South Africa (Pty) Ltd and Others; Emalahleni Local Municipality v Glencore Operations South Africa (Pty) Ltd and Others (CCT 189/22; CCT 191/22)

Govan Mbeki Local Municipality v Glencore Operations South Africa (Pty) Ltd and Others; Emalahleni Local Municipality v Glencore Operations South Africa (Pty) Ltd and Others (CCT 189/22; CCT 191/22) [2024] ZACC 25; 2025 (2) BCLR 111 (CC); 2025 (2) SA 238 (CC) (19 November 2024)

Court

Constitutional Court

Case number

CCT 189/22; CCT 191/22

Judges

Chaskalson AJ, Dodson AJ, Kollapen J, Mathopo J, Mhlantla J, Rogers J, Schippers AJ, Tshiqi J

The Constitutional Court held that the impugned by-laws, which imposed transfer embargoes as enforcement mechanisms for municipal planning and building regulation, were inconsistent with the Constitution and invalid. The Court found no constitutional or legislative source for the power of municipalities to make by-laws regulating deeds registration and property transfer beyond the scope contemplated by section 53 of SPLUMA and section 118(1) of the Systems Act. The by-laws unlawfully encroached on the national competence over deeds registration, and their operation conflicted with the statuto…

Source excerpt

• Municipal Planning
• By Law Validity
• Arbitrary Deprivation Of Property
• Delegated Powers
• Deeds Registration
• Rates Clearance Certificates

Kobitec (Pty) Ltd and Another v eThekwini Municipality and Another (5984/2010)

Kobitec (Pty) Ltd and Another v eThekwini Municipality and Another (5984/2010) [2011] ZAKZPHC 44 (18 October 2011)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

5984/2010

Judge

Mbatha

The court dismissed a review challenging eThekwini Municipality’s exclusive electronic arrangement with Law Active for rates clearance data.

• Municipal Contracting
• Exclusive Access To Information
• Review Of Administrative Action
• Rates Clearance Certificates
• Administrative-law
• Municipal-contracting

Korbitec (Pty) Ltd and Another v eThekwini Municipality and Another (5984.2010)

Korbitec (Pty) Ltd and Another v eThekwini Municipality and Another (5984.2010) [2011] ZAKZDHC 90 (18 October 2011)

Court

Kwazulu-Natal High Court, Durban

Case number

5984/2010

Judge

Mbatha

The court dismissed a review challenging eThekwini Municipality’s oral arrangement granting Law Active electronic access to rates clearance data via IRCAM.

• Municipal Contracting
• Exclusive Access To Public Data
• Rates Clearance Certificates
• Review Of Administrative Action
• Municipal-contracting
• Rates-clearance-certificates

South African National Roads Agency Ltd v Chief Registrar of Deeds and Others (9447/09)

South African National Roads Agency Ltd v Chief Registrar of Deeds and Others (9447/09) [2009] ZAGPPHC 160 (31 March 2009)

Court

North Gauteng High Court, Pretoria

Case number

9447/09

Judge

E M Makgoba

The court held that rates clearance certificates were not required for SANRAL vesting and expropriation transfers, and set aside registrar resolutions demanding them.

• Promotion Of Administrative Justice Act
• Vesting Transfers
• Expropriation Transfers
• Rates Clearance Certificates
• Municipal Property Rates
• Urgent Interdict

Caribbean Estates (Pty) Ltd v Seethal and Others (3361/05)

Caribbean Estates (Pty) Ltd v Seethal and Others (3361/05) [2007] ZAKZHC 20; 2008 (4) SA 136 (N); (27 September 2007)

Court

High Courts - Kwazulu Natal

Case number

3361/05

Judge

Kondile

The High Court set aside a municipality’s retrospective rates on subdivided land, holding that subsection 159(1)(d) did not justify double charging where rates had already been paid.

• Retrospective Levying Of Rates
• Municipal Powers
• Valuation Rolls
• Promotion Of Administrative Justice Act
• Internal Remedies
• Rates Clearance Certificates