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South Africa Case Law

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Administrative Law [2025] ZAGPJHC 374

Independent Institute of Education (Pty) Ltd and Another v City of Johannesburg Metropolitan Municipality and Others (2023/095869; 13361/2023; 120464/2023; 128616/2023)

Independent Institute of Education (Pty) Ltd and Another v City of Johannesburg Metropolitan Municipality and Others (2023/095869; 13361/2023; 120464/2023; 128616/2023) [2025] ZAGPJHC 374 (8 April 2025)

Court
South Gauteng High Court, Johannesburg
Case number
2023/095869
Judge
Mudau

The court found that the City of Johannesburg's public participation process in adopting the 2023/2024 Rates Policy and By-Law was perfunctory and failed to meet constitutional and statutory requirements. The City did not genuinely consider stakeholders' input, particularly regarding the impact on privately owned educational institutions. The categorisation of such properties under 'business and commercial' was irrational and unreasonably discriminatory, violating section 19(1)(c) of the MPRA and sections 28 and 29 of the Constitution. The City failed to consider the best interests of childre…

Source excerpt

  • Municipal Property Rates Act
  • Public Participation
  • Irrationality
  • Unreasonable Discrimination
  • Right To Education
  • Best Interests Of Child
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Administrative Law [2022] ZANCHC 47

Ekapa Minerals (Pty) Ltd and Another v Sol Plaatje Local Municipality and Others (680/21)

Ekapa Minerals (Pty) Ltd and Another v Sol Plaatje Local Municipality and Others (680/21) [2022] ZANCHC 47 (2 September 2022)

Court
Northern Cape High Court, Kimberley
Case number
680/21
Judges
Mamosebo, Ramaepadi

The court found that the Council of the Sol Plaatje Local Municipality imposed a property rates ratio of 1:22 for mining properties, which was significantly higher than the ratios for other non-residential categories, such as industrial and commercial properties. The municipality failed to provide any rational explanation for this differentiation. In the absence of justification, the differentiation was held to be unreasonable and in breach of section 19(c) of the Rates Act, which prohibits unreasonable discrimination between categories of non-residential properties. The applicants, as proper…

Source excerpt

  • Municipal Property Rates Act
  • Doctrine Of Legality
  • Unreasonable Discrimination
  • Local Government Powers
  • Constitutional Invalidity
  • Retrospective Effect
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Administrative Law [1991] ZASCA 127

Sehume v City Council of Atteridgeville and Another (32/90)

Sehume v City Council of Atteridgeville and Another (32/90) [1991] ZASCA 127; 1992 (1) SA 41 (AD); [1992] 1 All SA 284 (A) (27 September 1991)

Court
Supreme Court of Appeal
Case number
32/90
Judges
Van Heerden, Hefer, Smalberger, Nienaber, KrieglER

The Supreme Court of Appeal held that the City Council of Atteridgeville acted ultra vires by imposing a special levy under section 23(1)(p) of the Black Local Authorities Act to recover overcharges for municipal services previously collected under invalidated by-laws. The court found that the levy was, in substance, a retrospective increase in service charges, which the enabling statute did not authorise. The by-law circumvented the prescribed procedure for amending tariffs and discriminated unreasonably against ratepayers who had paid under the invalid by-laws, depriving them of refunds whi…

Source excerpt

  • Municipal By Laws
  • Retrospective Legislation
  • Ultra Vires
  • Unreasonable Discrimination
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.