South Africa Case Law

Moerane and Another v Buffalo City Metropolitan Municipality and Others (611/2017)

Moerane and Another v Buffalo City Metropolitan Municipality and Others (611/2017) [2017] ZAECGHC 126 (5 December 2017)

Court

Eastern Cape High Court, Grahamstown

Case number

611/2017

Judge

M.J. Lowe

The court held that the council resolution appointing the applicant as Head of Directorate: Municipal Services constituted administrative action under PAJA, as it was a public power exercised in terms of legislation with direct external legal effect. The Acting Municipal Manager had the necessary authority to oppose the application and bring the counter-application. The appointment was null and void because the applicant failed the required competency assessment, and the selection panel was improperly constituted, lacking an independent expert as required by the regulations. The council's dec…

Source excerpt

• Promotion Of Administrative Justice Act
• Municipal Appointments
• Competency Assessment
• Ultra Vires Decision
• Review Of Council Resolution

Sandton Civic Precinct (Pty) Ltd v City of Johannesburg and Another (458/2007)

Sandton Civic Precinct (Pty) Ltd v City of Johannesburg and Another (458/2007) [2008] ZASCA 104; 2009 (1) SA 317 (SCA) ; [2009] 1 All SA 291 (SCA) (22 September 2008)

Court

Supreme Court of Appeal

Case number

458/2007

Judges

Farlam, Cameron, Jafta, Mlambo, Cachalia

The SCA held that the applicant lacked standing to enforce rights allegedly awarded to a consortium, because it did not show authority, cession, or a legal link to the consortium.

• Legal Standing
• Consortium Rights
• Alienation Of Property
• Administrative Action
• Review Of Council Resolution
• Legal-standing