South Africa Case Law

Plettenberg Bay Ratepayers and Residents Association and Another v Bitou Municipality and Others (11309/2020)

Plettenberg Bay Ratepayers and Residents Association and Another v Bitou Municipality and Others (11309/2020) [2024] ZAWCHC 71 (4 March 2024)

Court

Western Cape High Court, Cape Town

Case number

11309/2020

Judge

Bhoopchand

The court dismissed a review of Bitou Municipality’s vehicle-leasing resolution for the mayor and deputy mayor, holding the applicants relied on the wrong legislation.

• Municipal Powers
• Judicial Review
• Remuneration Of Public Office Bearers
• Cost Containment Regulations
• Tools Of Trade
• Local Government Procurement

Netshithuthuni v MEC: Co-Operative Governance and Traditional Affairs (COGHSTA) and Others (149/2015)

Netshithuthuni v MEC: Co-Operative Governance and Traditional Affairs (COGHSTA) and Others (149/2015) [2016] ZALMPTHC 11 (15 March 2016)

Court

Limpopo High Court, Thohoyandou

Case number

149/2015

Judge

AML Phatudi

The court found that the applicant was lawfully appointed and recognised as Headman of Tshithuthuni ward and that his entitlement to remuneration as a public office bearer continued under the transitional provisions of the Limpopo Traditional Leadership and Institutions Act 6 of 2005. The misjoinder point was dismissed as the applicant's salary was always paid by the provincial department, and there was no need to join national authorities. Jurisdiction was established as the applicant resided within the court's area. Prescription was not triggered until March 2014 when the applicant was info…

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• Remuneration Of Public Office Bearers
• Traditional Leadership
• Prescription
• Jurisdiction
• Misjoinder

Sepadi and Another v Premier of Limpopo Provincial Government and Others (1863, 1864/2014)

Sepadi and Another v Premier of Limpopo Provincial Government and Others (1863, 1864/2014) [2015] ZAGPPHC 1097 (13 October 2015)

Court

North Gauteng High Court, Pretoria

Case number

1863 & 1864/2014

Judge

M G Phatudi

The High Court held that the applicants failed to prove recognition as Headmen because no certificate of recognition was produced, and dismissed the claim with costs.

• Traditional Leadership Recognition
• Remuneration Of Public Office Bearers
• Certificate Of Recognition
• Locus Standi
• Misjoinder
• Public Finance Management

Mbashe Traditional Leaders in Municipal Council v Mbashe Local Municipality (1282/2012)

Mbashe Traditional Leaders in Municipal Council v Mbashe Local Municipality (1282/2012) [2013] ZAECMHC 27 (26 September 2013)

Court

Eastern Cape High Court, Mthatha

Case number

1282/2012

Judge

F.B.A Dawood

The court dismissed an application by traditional leaders seeking increased allowances, holding that section 81 of the Municipal Structures Act covers only out-of-pocket expenses.

• Municipal Structures Act
• Remuneration Of Public Office Bearers
• Out Of Pocket Expenses
• Council Resolutions
• Statutory Entitlement
• Municipal-structures-act

Association of Regional Magistrates of Southern Africa v President of the Republic of South Africa and Others (20210/11)

Association of Regional Magistrates of Southern Africa v President of the Republic of South Africa and Others (20210/11) [2012] ZAGPPHC 186 (3 September 2012)

Court

North Gauteng High Court, Pretoria

Case number

20210/11

Judge

E Bertelsmann

The court held that the President's determination of a 5% salary increase for Regional Magistrates and Regional Court Presidents constituted executive action, not administrative action, and was therefore not reviewable under PAJA. However, executive actions remain subject to review on the principle of legality. The President failed to comply with statutory requirements to consider the specific role, status, duties, and responsibilities of Regional Magistrates before making the determination. The process adopted was irrational and unlawful as it did not differentiate between categories of publ…

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• Judicial Independence
• Remuneration Of Public Office Bearers
• Principle Of Legality
• Review Of Executive Action
• Procedural Fairness

Claassen v President of the Republic of South Africa and Others (2338/09)

Claassen v President of the Republic of South Africa and Others (2338/09) [2010] ZAECPEHC 17 (6 May 2010)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2338/09

Judge

Kroon

The court held that a divorce court president is not entitled to regional court president remuneration. The application for declaratory and monetary relief was dismissed.

• Statutory Interpretation
• Remuneration Of Public Office Bearers
• Magistrates Act
• Administration Amendment Act
• Judicial Remuneration
• Declaratory Relief

Kwazulu-Natal House of Traditional Leaders v Member of the Executive Council of the Province of Kwazulu- Natal for Local Government, Housing and Traditional Affairs and Another (10171/2008)

Kwazulu-Natal House of Traditional Leaders v Member of the Executive Council of the Province of Kwazulu- Natal for Local Government, Housing and Traditional Affairs and Another (10171/2008) [2008] ZAKZHC 63 (4 September 2008)

Court

High Courts - Kwazulu Natal

Case number

10171/2008

Judge

McLaren

The court found that the Executive Council of KwaZulu-Natal did not have the legislative authority to determine that the positions of Chairperson and Deputy Chairperson of the House of Traditional Leaders must be full-time. The relevant provincial legislation, regulations, and rules exhaustively regulate the composition and election of the executive committee, including these positions, and do not prescribe any full-time requirement. The resolutions taken by the Executive Council amounted to administrative implementation of policy that conflicted with existing law and infringed the vested rig…

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• Principle Of Legality
• Executive Powers
• Traditional Leadership
• Remuneration Of Public Office Bearers
• Provincial Policy Implementation