South Africa Case Law

Mogale Local Municipality v YYY Trading CC (00016/2018)

Mogale Local Municipality v YYY Trading CC (00016/2018) [2019] ZAGPJHC 165 (21 May 2019)

Court

South Gauteng High Court, Johannesburg

Case number

00016/2018

Judges

Siwendu, Bhikha

The Municipality failed to discharge its onus to prove the correctness of its accounts and the basis for the charges attributed to YYY Trading CC. The evidence did not support the assertion that the debt was due to historical water consumption, nor did it establish a valid basis for the charges raised. The Municipality's witnesses relied on assumptions and could not explain key entries or the installation and operation of the water meter. The payment made by YYY Trading CC was not in error but under protest to obtain a rates clearance certificate, and the Municipality did not fulfil its const…

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• Municipal Systems Act
• Rates Clearance Certificate
• Onus Of Proof
• Condictio Indebiti
• Service Delivery
• Historical Debt

Mogale Local Municipality v YYY Trading CC (00016/2018)

Mogale Local Municipality v YYY Trading CC (00016/2018) [2019] ZAGPJHC 524 (29 March 2019)

Court

South Gauteng High Court, Johannesburg

Case number

00016/2018

Judges

Siwendu, Bhikha

The Municipality failed to discharge its onus to prove the correctness of the accounts and the basis for the charges attributed to YYY Trading CC. The evidence did not support the assertion that the debt was due by YYY Trading CC, nor did it establish the correctness of the water meter readings or the existence of a consumption agreement. The Municipality's records and explanations were inconsistent, and it did not provide sufficient evidence to justify the charges. The payment made by YYY Trading CC was not made in error but under protest to obtain a rates clearance certificate. The Municipa…

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• Municipal Systems Act
• Rates Clearance Certificate
• Onus Of Proof
• Condictio Indebiti
• Service Delivery
• Historical Debt

Provincial Government North West and Another v Tsoga Developers CC and Others (CCT 91/15)

Provincial Government North West and Another v Tsoga Developers CC and Others (CCT 91/15) [2016] ZACC 9; 2016 (5) BCLR 687 (CC) (24 March 2016)

Court

Constitutional Court

Case number

CCT 91/15

Judges

Mogoeng, Moseneke, Cameron, Jafta, Khampepe, Madlanga, Matojane, Nkabinde, Van der Westhuizen, Wallis, Zondo

The Constitutional Court held that it was not in the interests of justice to grant leave to appeal against the High Court's refusal of interim relief. The applicants failed to provide sufficient evidence of irreparable harm, offering only generic and unsubstantiated claims regarding service delivery and capital projects. The funds in question were held in trust by attorneys, with safeguards in place, and the applicants did not demonstrate a real risk of loss. While there were reasonable prospects of success regarding the argument that the writ may have been issued in contravention of the Stat…

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• State Liability Act
• Interim Relief
• Principle Of Legality
• Attachment And Execution
• Public Finance Management Act
• Service Delivery

Solidarity obo Barnard v South African Police Service (165/13)

Solidarity obo Barnard v South African Police Service (165/13) [2013] ZASCA 177; 2014 (2) SA 1 (SCA); [2014] 2 BLLR 107 (SCA); [2014] 1 All SA 319 (SCA); (2014) 35 ILJ 416 (SCA) (28 November 2013)

Court

Supreme Court of Appeal

Case number

165/13

Judges

NAVSA, PONNAN, TSHIQI, THERON, ZONDI

The Supreme Court of Appeal found that Barnard was discriminated against on the basis of race, as her non-appointment was solely due to her being white, despite being the best candidate. The SAPS failed to discharge the statutory onus of proving that the discrimination was fair. The National Commissioner’s justification—that the appointment would not address representivity and that the post was not 'critical'—was contrived and unsupported by evidence. The Employment Equity Plan cannot operate as an absolute bar to the appointment of non-designated candidates, and numerical targets must not be…

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• Employment Equity Act
• Affirmative Action
• Unfair Discrimination
• Public Service Appointments
• Service Delivery
• Constitutional Equality

South African Police Services v Solidarity obo Barnard (JA24/2010)

South African Police Services v Solidarity obo Barnard (JA24/2010) [2012] ZALAC 31; [2013] 1 BLLR 1 (LAC); 2013 (3) BCLR 320 (LAC); (2013) 34 ILJ 590 (LAC) (2 November 2012)

Court

Labour Appeal Court

Case number

JA24/2010

Judges

Mlambo JP, Davis JA, Jappie JA

The Labour Appeal Court upheld an appeal by SAPS, holding that non-appointment of a white female candidate was justified under its employment equity plan.

• Employment Equity Act
• Affirmative Action
• Section 9 Constitution
• Unfair Discrimination
• Numerical Targets
• Service Delivery

Solidarity obo Barnard and Another v South African Police Services (JS455/07)

Solidarity obo Barnard and Another v South African Police Services (JS455/07) [2010] ZALC 10; 2010 (10) BCLR 1094 (LC) ; (2010) 31 ILJ 742 (LC); [2010] 5 BLLR 561 (LC) (24 February 2010)

Court

Labour Court

Case number

JS455/07

Judge

P J Pretorius

The Labour Court held that refusing to promote a white police captain because of race was unfair discrimination and ordered retrospective promotion.

• Employment Equity Act
• Affirmative Action
• Unfair Discrimination
• Promotion
• Burden Of Proof
• Service Delivery