South Africa Case Law

Tavakoli and Another v City of Cape Town (24562/2024)

Tavakoli and Another v City of Cape Town (24562/2024) [2025] ZAWCHC 218 (23 May 2025)

Court

Western Cape High Court, Cape Town

Case number

24562/2024

Judge

Sipunzi AJ

The applicants established that they were in peaceful and undisturbed possession of the water supply to their properties until the respondent disconnected it on 13 November 2024. The respondent failed to provide credible evidence of prior restrictions or tampering by the applicants. The water usage data and correspondence between the parties supported the applicants' version. The respondent's conduct in disconnecting the supply without due process or adequate notice was unlawful and constituted spoliation. The urgency of the matter was justified by the deprivation of a basic necessity and the…

Source excerpt

• Mandament Van Spolie
• Municipal Services
• Water Services Act
• Urgent Interdict
• Municipal By Laws

Minister of Human Settlements, Sanitation and Water v Tonise and Others (CA 199/2023)

Minister of Human Settlements, Sanitation and Water v Tonise and Others (CA 199/2023) [2025] ZAECMKHC 6 (20 January 2025)

Court

Eastern Cape High Court, Makhanda

Case number

CA 199/2023

Judges

Hartle, Gqamana, Bands

The court held that the Minister's decision to dissolve the Amatola Water Board and terminate the appointments of its members constituted executive action, not administrative action, following the principles established in Motau. However, the exercise of executive power remains subject to the principle of legality and must be rationally connected to its purpose. The evidence did not establish that the board was dysfunctional or unable to fulfil its statutory mandate; the Minister failed to provide adequate reasons or particulars for his decision, and acted on outdated and untested allegations…

Source excerpt

• Water Services Act
• State Owned Enterprise Governance
• Rationality Review
• Executive Vs Administrative Action
• Procedural Fairness
• Remedies Under Section 172

Madyibi and Another v Minister of Water and Sanitation and Others (939/2020)

Madyibi and Another v Minister of Water and Sanitation and Others (939/2020) [2024] ZAECMKHC 126 (19 November 2024)

Court

Eastern Cape High Court, Makhanda

Case number

939/2020

Judge

Zono AJ

The High Court dismissed a review challenging the termination of Amatola Water Board memberships, finding the appointments had not complied with statutory nomination requirements.

• Legality Of Administrative Action
• Water Services Act
• Board Appointments
• Termination Of Membership
• Administrative-law
• Legality

Golden Core Trade and Invest (Pty) Ltd v Merafong City Local Municipality and Another (338/2022)

Golden Core Trade and Invest (Pty) Ltd v Merafong City Local Municipality and Another (338/2022) [2023] ZASCA 126; [2023] 4 All SA 589 (SCA) (29 September 2023)

Court

Supreme Court of Appeal

Case number

338/2022

Judges

Carelse, Meyer, Matojane, Weiner, Unterhalter

The SCA held that Merafong’s long-delayed review of a 2005 tariff decision was unjustified, dismissed the review, and granted limited declaratory relief to Golden Core.

• Delay In Review
• Ministerial Appeal Powers
• Municipal Tariff Setting
• Water Services Act
• Principle Of Legality
• Administrative-law

City Square Trading 204 (Pty) Limited v Inxuba Yethemba Local Municipality and Another (12 September 2023) (5477/2016)

City Square Trading 204 (Pty) Limited v Inxuba Yethemba Local Municipality and Another (12 September 2023) (5477/2016) [2023] ZAECMKHC 99 (12 September 2023)

Court

Eastern Cape High Court, Makhanda

Case number

5477/2016

Judge

J W Eksteen

The High Court held that a municipal water-services maintenance contract was tacitly assigned to CHDM, making it liable for unpaid invoices and loss of profits.

• Contract Assignment
• Delegation And Novation
• Municipal Liability
• Water Services Act
• Damages For Breach
• Exclusive Supply Agreement

Kgetlengrivier Concerned Residents and Another v Kgetlengrivier Local Municipality and Others (CIV APP FB 04/22; UM69/2021; UM79/2021)

Kgetlengrivier Concerned Residents and Another v Kgetlengrivier Local Municipality and Others (CIV APP FB 04/22; UM69/2021; UM79/2021) [2023] ZANWHC 29; [2023] 2 All SA 452 (NWM) (17 March 2023)

Court

North West High Court, Mafikeng

Case number

CIV APP FB 04/22; UM69/2021; UM79/2021

Judges

Hendricks, Petersen, Mongale

Full Bench appeal about municipal water and sewage failures, contempt, and costs. The court dismissed all appeals, stressing due process and lawful enforcement.

• Right To Water
• Municipal Service Delivery Failure
• Contempt Of Court
• Environmental Pollution
• Section 24 And 27 Constitution
• Water Services Act

Body Corporate of Green Meadow Country Estate v Ethekwini Municipality (D7917/2020)

Body Corporate of Green Meadow Country Estate v Ethekwini Municipality (D7917/2020) [2022] ZAKZDHC 34 (19 August 2022)

Court

Kwazulu-Natal High Court, Durban

Case number

D7917/2020

Judge

Mathenjwa AJ

The High Court dismissed a body corporate’s challenge to eThekwini Municipality’s water tariff calculation, finding the claim unsupported by the municipality’s policy.

• Water Services Act
• Municipal Tariffs
• Motion Proceedings
• Interpretation Of Policy
• Municipal-tariffs
• Water-services-act

Bethulie Water Forum and Another v Bloemwater and Others (2174/2021)

Bethulie Water Forum and Another v Bloemwater and Others (2174/2021) [2021] ZAFSHC 307 (3 December 2021)

Court

Free State High Court, Bloemfontein

Case number

2174/2021

Judge

Molitsoane

The High Court dismissed an urgent bid to stop Bloemwater limiting bulk water supply, finding the relief would improperly amend section 4(5) of the Water Services Act.

• Water Services Act
• Interim Interdict
• Separation Of Powers
• Constitutional Right To Water
• Water-services-act
• Interim-interdict

Molefe and Another v Merafong Local Municipality and Others (63816/2017)

Molefe and Another v Merafong Local Municipality and Others (63816/2017) [2017] ZAGPPHC 1088 (17 October 2017)

Court

North Gauteng High Court, Pretoria

Case number

63816/2017

Judge

M W Msimeki

The High Court varied an earlier water-supply order for Blyvooruitzicht, directed restoration of piped water, and ordered the respondents to cooperate on a lasting solution.

• Water Services Act
• Right Of Access To Water
• Urgent Interdict
• Variation Of Court Order
• Right-of-access-to-water
• Urgent-interdict

Astral Operations Limited v Ekurhuleni Metropolitan Municipality and Another (39702/2016)

Astral Operations Limited v Ekurhuleni Metropolitan Municipality and Another (39702/2016) [2016] ZAGPJHC 380 (18 November 2016)

Court

South Gauteng High Court, Johannesburg

Case number

39702/2016

Judge

P.A. Meyer

The High Court dismissed Astral's bid to stop Ekurhuleni's water shedding programme and also refused a late amendment seeking interim relief pending review.

• Water Services Act
• Municipal By Laws
• Final Interdict
• Interim Interdict
• Procedural Fairness
• Water-services-act