South Africa Case Law

Afriforum NPC v Ngwathe Local Municipality and 14 Others (2264/2024)

Afriforum NPC v Ngwathe Local Municipality and 14 Others (2264/2024) [2025] ZAFSHC 184 (20 June 2025)

Court

Free State High Court, Bloemfontein

Case number

2264/2024

Judge

Daffue

The court found that Ngwathe Local Municipality is in persistent breach of its constitutional and statutory obligations, including failure to provide basic services, maintain a safe environment, and manage its finances. The evidence of contaminated water, sewage spills, financial insolvency, and poor governance was overwhelming and largely uncontested. The Provincial respondents failed to take mandatory steps under section 139 of the Constitution and the MFMA, despite clear jurisdictional facts requiring intervention. The court held that exceptional circumstances justified dissolution of the…

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• Municipal Dysfunction
• Mandatory Provincial Intervention
• Structural Interdict
• Service Delivery Failure
• Local Government Finance
• Declaratory Relief

AB Xuma Local Municipality and Another v Kunogqala Local Residents and Others (Leave to Appeal) (4146/2023)

AB Xuma Local Municipality and Another v Kunogqala Local Residents and Others (Leave to Appeal) (4146/2023) [2025] ZAECMHC 41 (27 May 2025)

Court

Eastern Cape High Court, Mthatha

Case number

4146/2023

Judge

A.S Zono

The court found that the applicants failed to demonstrate reasonable prospects of success on appeal. The alleged construction of 500 metres of road was not independently planned or executed by the Municipality, but rather incidental to the bridge project, and no separate appointment was made for the road. The Municipality's Integrated Development Plans did not include the Nogqala road, and there was no evidence of a planning framework for its construction. The argument that the court's order infringed the separation of powers was rejected; the order merely directed the Municipality to take ne…

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• Leave To Appeal
• Structural Interdict
• Separation Of Powers
• Municipal Service Delivery
• Dispute Of Facts

Mafube Business Forum and Others v Premier of the Free State Province and Others (A23/2024)

Mafube Business Forum and Others v Premier of the Free State Province and Others (A23/2024) [2025] ZAFSHC 93 (25 March 2025)

Court

Free State High Court, Bloemfontein

Case number

A23/2024

Judges

Daffue, Chesiwe, Hefer

Full bench upheld an appeal over Mafube’s sewerage pollution and non-compliance, granting declaratory, mandatory and supervisory relief.

• Structural Interdict
• Municipal Maladministration
• Failure To Comply With Court Orders
• Environmental Pollution
• Financial Recovery Plan
• Supervisory Order

Road Accident Fund v Legal Practice Council and Others (134420/2023)

Road Accident Fund v Legal Practice Council and Others (134420/2023) [2025] ZAGPPHC 189 (21 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

134420/2023

Judge

SK Hassim

High Court order partly extending a moratorium on RAF execution, including capital, interest and limited legal-costs claims, for six months.

• Stay Of Execution
• Road Accident Fund Act
• Moratorium On Judgment Enforcement
• Structural Interdict
• Costs Orders
• Constitutional Obligations

Democratic Alliance v Premier of the Free State Province and Others (1623/2024)

Democratic Alliance v Premier of the Free State Province and Others (1623/2024) [2024] ZAFSHC 338 (22 October 2024)

Court

Free State High Court, Bloemfontein

Case number

1623/2024

Judge

Van Rhyn

High Court declared Matjhabeng Municipality in breach of constitutional duties and ordered provincial or national intervention, a recovery plan, and costs.

• Municipal Duties
• Financial Recovery Plan
• Constitutional Invalidity
• Cooperative Government
• Service Delivery Failure
• Structural Interdict

Wessel Hamman Trust and Others v Emfuleni Local Municipality and Another (21/31801)

Wessel Hamman Trust and Others v Emfuleni Local Municipality and Another (21/31801) [2024] ZAGPJHC 731 (13 August 2024)

Court

South Gauteng High Court, Johannesburg

Case number

21/31801

Judge

C Todd

The High Court dismissed a trust’s claim for constitutional damages against Emfuleni Municipality, finding no proven section 34 breach or causal link to the alleged loss.

• Constitutional Damages
• Municipal Bylaw Enforcement
• Nuisance
• Causation
• Access To Courts
• Structural Interdict

Concerned Parents of Learners at Atwell Madala Senior Secondary School and Others v Government of the Eastern Cape and Others (3969/2018)

Concerned Parents of Learners at Atwell Madala Senior Secondary School and Others v Government of the Eastern Cape and Others (3969/2018) [2024] ZAECMHC 62 (13 August 2024)

Court

Eastern Cape High Court, Mthatha

Case number

3969/2018

Judge

Rusi

The court found that while the Department of Education had previously failed to provide adequate infrastructure and address overcrowding, it had since taken concrete steps to remedy these breaches, including the provision of temporary classrooms and the submission of a comprehensive list of affected schools. The applicants did not establish a factual basis for ongoing constitutional breaches in respect of schools beyond those directly involved in the application. The court held that it was not institutionally equipped to supervise the Department's implementation of its Infrastructure Delivery…

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• Right To Basic Education
• School Infrastructure
• Structural Interdict
• Supervisory Jurisdiction
• Separation Of Powers
• Norms And Standards For Public School Infrastructure

Topigs Norsvin SA Proprietary Limited v Eskom Holdings SOC Ltd and Others (013715/2022)

Topigs Norsvin SA Proprietary Limited v Eskom Holdings SOC Ltd and Others (013715/2022) [2024] ZAGPPHC 561 (19 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

013715/2022

Judge

ML Twala

The court found that while the applicant established a clear right to an unpolluted environment and demonstrated ongoing pollution and degradation of downstream water resources by Eskom, it failed to satisfy the requirement of absence of alternative remedy. Section 28(12) of NEMA provides a statutory mechanism for compelling the Director-General to take remedial action against polluters, which the applicant did not invoke. The court held that the principle of subsidiarity precludes direct constitutional relief where legislation exists to give effect to the right, and the applicant should have…

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• Water Use Licence Compliance
• Structural Interdict
• Subsidiarity Principle
• Duty Of Care
• Constitutional Environmental Rights
• Enforcement Of Environmental Laws

Featherbrooke Homeowners Association NPC v Mogale City Local Municipality (1106/2022)

Featherbrooke Homeowners Association NPC v Mogale City Local Municipality (1106/2022) [2024] ZASCA 27 (22 March 2024)

Court

Supreme Court of Appeal

Case number

1106/2022

Judges

Makgoka, Mothle, Meyer, Kathree-Setiloane, Masipa

The Supreme Court of Appeal remitted a flooding dispute to the High Court because the prior order failed to resolve liability for all cited state entities.

• Municipal Structures Act
• National Water Act
• Structural Interdict
• Remedial Work Liability
• Cooperative Government
• Subsidiarity Principle

Africa Community Media (Pty) Ltd and Others v Standard Bank of SA Ltd - Application for Leave to Appeal (9318/2022; EC08/2023)

Africa Community Media (Pty) Ltd and Others v Standard Bank of SA Ltd - Application for Leave to Appeal (9318/2022; EC08/2023) [2024] ZAWCHC 43 (19 February 2024)

Court

Western Cape High Court, Cape Town

Case number

9318/2022; EC08/2023

Judge

J Cloete

The court found that the relief granted in September 2023 was not final in substance, despite its fixed duration, as it did not finally determine the parties' rights and allowed for further developments to be considered at a subsequent hearing. The order was not vague or arbitrary, as it clearly excluded statutory reporting obligations and did not prevent the bank from terminating accounts for reasons other than those stated in the termination letters. The applicants established a prima facie right to interim relief, particularly under section 22 of the Constitution, and conflicting decisions…

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• Interim Interdict
• Bank Account Closure
• Freedom Of Trade
• Structural Interdict
• Final Vs Interim Relief
• Constitutional Rights