South Africa Case Law

Intercape Ferreira Mainliner (Pty) Ltd v Minister of Police and Others (1013/2023)

Intercape Ferreira Mainliner (Pty) Ltd v Minister of Police and Others (1013/2023) [2024] ZAECMKHC 15 (6 February 2024)

Court

Eastern Cape High Court, Makhanda

Case number

1013/2023

Judge

Ronaasen

The court found that Intercape had established, on uncontested evidence, that it was the victim of a sustained, countrywide campaign of violence and intimidation orchestrated by the taxi industry, amounting to organised crime and racketeering. The Police, despite acknowledging the existence of this campaign, failed to investigate the incidents as organised crime and instead treated them as isolated events. The Provincial Commissioners did not report the crimes to the DPCI as required by section 16(4)(b) of the SAPS Act, and the DPCI failed to investigate them as national priority offences. Th…

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• Police Duties
• Organised Crime
• Racketeering
• Structural Relief
• Constitutional Obligations
• Failure To Investigate

Inzalo Enterprise Management Systems (PTY) Ltd v Mogale City Local Municipality and Others: In re: Inzalo Enterprise Management Systems (PTY) Ltd v Mogale City Local Municipality and Another (2022/002958)

Inzalo Enterprise Management Systems (PTY) Ltd v Mogale City Local Municipality and Others: In re: Inzalo Enterprise Management Systems (PTY) Ltd v Mogale City Local Municipality and Another (2022/002958) [2022] ZAGPJHC 715 (21 September 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2022/002958

Judge

N Manoim

The High Court found the municipality and municipal manager prima facie in contempt for not giving reasons and documents, issued a rule nisi, and ordered costs.

• Contempt Of Court
• Interim Interdict
• Municipal Procurement
• Self Review
• Structural Relief
• Contempt-of-court

Mfeka and Others v Nkawana and Others (AR33/2019)

Mfeka and Others v Nkawana and Others (AR33/2019) [2020] ZAKZPHC 6 (28 February 2020)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR33/2019

Judges

Bezuidenhout, Madondo, Moodley

The court held that the remaining trustees of the Bhangazi Community Trust did not have the legal standing to oppose the application or prosecute the appeal, as the trust deed required a minimum of seven trustees and only two remained with letters of authority. Section 6(1) of the Trust Property Control Act mandates that trustees may only act if authorised by the Master, and actions taken by unauthorised trustees are a nullity. The court relied on the Parker and Lupacchini decisions, which establish that a trust cannot act when the minimum number of authorised trustees is not met, and any leg…

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• Trust Deed Compliance
• Legal Standing Of Trustees
• Removal Of Trustees
• Structural Relief
• Costs Orders

Mshengu and Others v Msunduzi Local Municipality and Others (11340/2017P)

Mshengu and Others v Msunduzi Local Municipality and Others (11340/2017P) [2019] ZAKZPHC 52; [2019] 4 All SA 469 (KZP) (29 July 2019)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

11340/2017P

Judge

Mnguni

The court found that the ongoing and persistent failure by the respondent municipalities to provide farm occupiers and labour tenants with access to basic sanitation, sufficient water, and refuse collection is inconsistent with the Constitution, specifically sections 9, 10, 24, 27(1)(b), 33, 152, 153, 195, and 237. The municipalities have a constitutional and statutory obligation to progressively realise these rights through reasonable legislative and other measures, including the development and implementation of specific plans prioritising vulnerable communities. The court rejected the resp…

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• Right Of Access To Water
• Basic Sanitation
• Municipal Services Obligation
• Progressive Realisation Of Rights
• Structural Relief
• Public Interest Litigation