South Africa Case Law

Democratic Alliance v City of Tshwane Metropolitan Municipality and Others (91569/19; 92212/2019)

Democratic Alliance v City of Tshwane Metropolitan Municipality and Others (91569/19; 92212/2019) [2019] ZAGPPHC 1094 (27 December 2019)

Court

North Gauteng High Court, Pretoria

Case number

91569/19; 92212/2019

Judge

Tuchten

The court found that Acting Speaker Khumalo was neither absent nor unavailable but was unlawfully coerced from his position by physical actions in the council chamber. The subsequent attempt to appoint a new acting speaker and pass motions of no confidence was invalid, as the statutory requirements of the Municipal Structures Act were not met. The court rejected the respondents' characterization of the events as mere political rowdiness, finding instead that violence was directed at the presiding officer, undermining democratic principles. The court held that urgent interim relief was justifi…

Source excerpt

• Municipal Structures Act
• Interim Interdict
• Separation Of Powers
• Unlawful Exercise Of Public Power
• Procedural Fairness
• Local Government Governance

Road Freight Association v Chief Fire Officer Emakhazeni and Others (72263/2012)

Road Freight Association v Chief Fire Officer Emakhazeni and Others (72263/2012) [2015] ZAGPPHC 1031 (17 July 2015)

Court

North Gauteng High Court, Pretoria

Case number

72263/2012

Judge

C.P. Rabie

The court declared a fee-charging emergency-services practice unlawful, interdicted it, and granted leave for a class action to recover money paid.

• Fraudulent Misrepresentation
• Unlawful Exercise Of Public Power
• Class Action Certification
• Standing Under Constitution
• Interdictory Relief
• Condictio Indebiti