South Africa Case Law

Pro Secure (Pty) Ltd v Mogale City Local Municipality and Others (2025-043172)

Pro Secure (Pty) Ltd v Mogale City Local Municipality and Others (2025-043172) [2025] ZAGPPHC 479 (16 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025-043172

Judge

Nyathi

The court found that the applicant had established a prima facie right to the relief sought, as the municipality deviated from its own policy and the RFQ by introducing 'special goals' as a scoring criterion not provided for. The applicant demonstrated irreparable harm in that the tender would be implemented before the review application could be heard, and no satisfactory alternative remedy was available. The balance of convenience favoured the applicant, as withholding the interdict would prejudice it more than the respondents. The requirements for an interim interdict were met, and the app…

Source excerpt

• Municipal Tender Process
• Interim Interdict
• Supply Chain Management Policy
• Review Of Administrative Action

Garden Route District Municipality v Mqota-Tshiki (C521/2022)

Garden Route District Municipality v Mqota-Tshiki (C521/2022) [2024] ZALCCT 46 (8 October 2024)

Court

Labour Court Cape Town

Case number

C 521/2022

Judge

Daniels

The Court found that the review application was brought within a reasonable time and condonation was granted. On the merits, the appeal chairperson's decision to reinstate the employee, who was found guilty of fraud and gross dishonesty and breach of the municipal code of conduct, was irrational and unreasonable. The seriousness of the misconduct, the lack of remorse, and the breach of statutory and policy frameworks warranted dismissal. The appeal chairperson failed to properly apply her mind to the sanction and did not adequately consider the aggravating factors. Dismissal is the only appro…

Source excerpt

• Review Of Internal Disciplinary Decision
• Fraud And Gross Dishonesty
• Municipal Code Of Conduct
• Supply Chain Management Policy
• Condonation For Late Filing

Khari Investments (Pty) Ltd v Mopani District Municipality (5424/2018)

Khari Investments (Pty) Ltd v Mopani District Municipality (5424/2018) [2024] ZALMPPHC 86 (12 August 2024)

Court

Limpopo High Court, Polokwane

Case number

5424/2018

Judge

Bresler

The High Court held that an oral municipal services agreement was unenforceable because section 116 of the MFMA requires such contracts to be in writing.

• Municipal Finance Management Act
• Supply Chain Management Policy
• Irregular Expenditure
• Enforceability Of Contracts
• Legality
• Oral Agreement

Member of the Executive Council for Local Government , Environmental Affairs and Development Planning , Western Cape Province and Others v Central Karoo District Municipality and Others (4567/2024)

Member of the Executive Council for Local Government , Environmental Affairs and Development Planning , Western Cape Province and Others v Central Karoo District Municipality and Others (4567/2024) [2024] ZAWCHC 150 (3 June 2024)

Court

Western Cape High Court, Cape Town

Case number

4567/2024

Judge

R Allie

The court found that the fundraising activities and related expenditure were conducted in the name of the municipality and for municipal purposes, as evidenced by council resolutions and the conduct of the Executive Mayor. The respondents' argument that these were personal projects is inconsistent with their public statements and the resolutions requiring accountability to municipal structures. The duty to cooperate with investigators appointed under section 106 of the Municipal Systems Act is clear, and confidentiality concerns do not justify refusal to disclose information relevant to the i…

Source excerpt

• Municipal Systems Act Section 106
• Maladministration Investigation
• Confidentiality And Popia
• Municipal Finance Management Act
• Supply Chain Management Policy

South African Municipal Workers Union obo Mosomo v Greater Tubatse Local Municipality (JA 64/2019)

South African Municipal Workers Union obo Mosomo v Greater Tubatse Local Municipality (JA 64/2019) [2020] ZALAC 53; [2021] 5 BLLR 494 (LAC); (2021) 42 ILJ 1047 (LAC) (2 December 2020)

Court

Labour Appeal Court

Case number

JA 64/2019

Judges

Davis JA, Jappie JA, Kathree-Setiloane AJA

The Labour Appeal Court found that the arbitrator and Labour Court erred in holding the appellant responsible for the irregular appointment and payment of service providers. The evidence established that the Municipal Manager made the appointments under section 36 of the SCM Policy, which were ratified by the Municipal Council, and the appellant was bound to execute the council’s resolution. The appellant did not have authority to defy the resolution and was not responsible for approving payments. The arbitrator’s findings that the appellant misled the Municipal Manager and failed to report d…

Source excerpt

• Unfair Dismissal
• Municipal Finance Management Act
• Disciplinary Procedure
• Arbitration Review
• Supply Chain Management Policy

South African Municipal Workers Union and Another v Govan Mbeki Local Municipality (JR 2492/09)

South African Municipal Workers Union and Another v Govan Mbeki Local Municipality (JR 2492/09) [2013] ZALCJHB 220 (10 September 2013)

Court

Labour Court Johannesburg

Case number

JR 2492/09

Judge

Malan

Labour Court review of a CCMA arbitration award upholding dismissal for a conflict of interest and breach of the municipality’s supply chain policy.

• Unfair Dismissal
• Conflict Of Interest
• Supply Chain Management Policy
• Review Of Arbitration Award
• Dishonesty
• Breach Of Trust

Renaissance Security & Cleaning Services CC v Rustenburg Local Municipality and Another (1140/07)

Renaissance Security & Cleaning Services CC v Rustenburg Local Municipality and Another (1140/07) [2007] ZANWHC 40 (10 August 2007)

Court

North West High Court, Mafikeng

Case number

1140/07

Judge

A A Landman

Urgent interim relief to halt a municipal security-services tender was refused pending review, after the court found no reasonable prospect of review success.

• Tender Review
• Interim Interdict
• Promotion Of Administrative Justice Act
• Supply Chain Management Policy
• Tender-review
• Interim-interdict