South Africa Case Law

Mdodana v Premier of the Eastern Cape and Others (1648/10)

Mdodana v Premier of the Eastern Cape and Others (1648/10) [2013] ZAECGHC 66 (13 June 2013)

Court

Eastern Cape High Court, Grahamstown

Case number

1648/10

Judge

J.E Smith

The court found that sections 12, 23, 34, 35, 36 and 63 to 70 of the Pounds Ordinance collectively establish a scheme that permits the impoundment and sale of livestock without judicial supervision, resulting in arbitrary deprivation of property and unfair discrimination against the landless. The impugned provisions are overbroad and disproportionate, failing to meet constitutional standards for limitation of rights. Section 14 can be saved by reading in a requirement for reasonable diligence in notifying owners, but the other provisions cannot be cured by reading in or severance without enga…

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• Arbitrary Deprivation Of Property
• Right To Fair Administrative Action
• Right Of Access To Courts
• Unfair Discrimination
• Judicial Supervision Of Executive Action
• Sale In Execution

Evaluations Enhanced Property Appraisals (Pty) Ltd v Buffalo City Metropolitan and Others (EL 1544/2012, ECD 3561/2012)

Evaluations Enhanced Property Appraisals (Pty) Ltd v Buffalo City Metropolitan and Others (EL 1544/2012, ECD 3561/2012) [2012] ZAECELLC 22 (20 December 2012)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 1544/2012, ECD 3561/2012

Judge

E Revelas

Urgent interim relief was granted in a tender dispute, with the court ordering reasons under Rule 53 and rejecting the urgency objection.

• Municipal Tender Award
• Interim Interdict
• Right To Fair Administrative Action
• Uniform Rule 53
• Municipal-tender-award
• Interim-interdict

Fani and Others v Buffalo City Municipality and Others (860/2009)

Fani and Others v Buffalo City Municipality and Others (860/2009) [2009] ZAECGHC 26 (6 May 2009)

Court

Eastern Cape High Court, Grahamstown

Case number

860/2009

Judge

Jones

Urgent interim interdict case over ANC councillors expelled without a hearing, pending review. Relief succeeded against the ANC but failed against the municipality.

• Interim Interdict
• Municipal Structures Act
• Expulsion From Political Party
• Right To Fair Administrative Action
• Councillor Removal
• Natural Justice

Independent Party v Electoral Commission and Others (2/2001)

Independent Party v Electoral Commission and Others (2/2001) [2001] ZAEC 1; [2001] 3 All SA 599 (Elect Ct) (6 April 2001)

Court

Electoral Court

Case number

2/2001

Judges

Smalberger, Tshabalala, Van der Walt, Pillay, Masipa

The Electoral Commission is legally obliged to consider objections lodged under section 65 of the Municipal Electoral Act. Administrative officials without delegated authority may not reject objections without reference to the Commission. Substantial compliance with the requirements of section 65(1) is sufficient, and the failure to serve the ACDP, a party with negligible interest in the objection, did not invalidate the objection. The Commission must itself decide on condonation for late filing and whether substantial compliance has been achieved. The Commission's failure to consider the obj…

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• Electoral Objections
• Substantial Compliance
• Condonation Of Late Filing
• Right To Fair Administrative Action