Legal Articles and Guides
The Gauteng High Court (Pretoria) has ruled in favour of the DA in its bid to hold on to the Tshwane municipality.
The provincial and the national geographic names councils – and Art & Culture Minister Nathi Mthethwa – had so badly bungled the process leading to Mthethwa’s decision to change the name of Grahamstown to Makhanda that his decision to do so should be set aside, it was argued in the Eastern Cape High Court (Grahamstown) yesterday.
Former prosecutions boss Nomgcobo Jiba has lost the first round of her court battle to be reinstated to her position pending the parliamentary process that will either confirm or overturn her removal, says a Business Day report.
Motorcyclists are angered over a City of Cape Town’s traffic by-law amendment they say will outlaw lane sharing with cars or riding between cars (lane-splitting).
Auditor-General Kimi Makwetu yesterday said more than R1.6bn of the R2bn invested by municipalities into VBS Mutual Bank cannot be recovered. Makwetu, reporting on the audit outcomes of municipalities for the 2017/2018 financial year, described the non-recovery of public funds invested in VBS as a classic example of the 'impact of deteriorating accountability' in municipalities.
The City of Cape Town has welcomed the Gauteng High Court (Pretoria) setting a date to hear its petition to buy electricity directly from independent power producers (IPPs). The city wants the Energy Minister and the National Energy Regulator (Nersa) to allow it to purchase power from IPPs.
A precedent has been confirmed in the Constitutional Court’s recent ruling in Buffalo City Metropolitan Municipality v Asla Construction (Pty) Ltd that may allow government entities to appeal their own decisions – where there is evidence that those past decisions were unlawful – potentially even after several years have passed, and even if their reasons for appealing are possibly questionable.
The controversial decision to grant environmental authorisation for the Watson family's massive wind farm project on the summit of the Groot Winterhoek mountains near Uitenhage has been overturned, at least temporarily.
Umgeni Water broke National Treasury’s rules and awarded a R220m security tender to an ANC-linked company whose taxes were not in order at the time, says a City Press report. In December, Umgeni Water awarded the three-year tender to guard the water utility’s assets to Reshebile Aviation and Protection Services, which at the time owed SARS both payroll tax and VAT. Treasury forbids the awarding of tenders to companies which are not tax compliant.
The Road Traffic Management Corporation (RTMC) has lost a Constitutional Court challenge in a case in which it argued that it was within its rights to renege on a R33m tender agreement. A Cape Times report says the RTMC had in 2009 entered into a service level agreement with Waymark Infotech (Pty) Ltd to develop and install an Enterprise Resource Planning system.
Msunduzi Municipality is under no legal obligation to continue using its security company Khuselani Security and Risk Management (KSA). The Witness report says this follows a ruling by Judge Piet Bezuidenhout of the KZN High Court (Pietermaritzburg).
The City of Cape Town is waiting for the Gauteng High Court (Pretoria) to determine a date to rule on whether independent power producers (IPPs) can supply the city with electricity. A Cape Times report says the city has taken Energy Minister Jeff Radebe and the energy regulator to the High Court to challenge the status quo that allows municipalities to purchase from IPPs only if they have ministerial approval.
Malusi Gigaba, former Home Affairs Minister, was 'incorrect' in granting members of the Gupta family early naturalisation, MPs have decided. The National Assembly's Home Affairs Committee did not recommend sanctions against Gigaba but recommended that criminal charges be laid against Gupta lieutenant Ashu Chawla and members of the Gupta family 'relating to false information submitted in their early naturalisation applications', reports News24.
Makhanda pensioner Monameli Ndumo (70) has taken Arts and Culture Minister Nathi Mthethwa to court to challenge the Grahamstown name change to Makhanda. According to a Daily Dispatch report, Ndumo – who co-chairs an organisation called Keep Grahamstown Grahamstown – said the entire process had been fatally flawed.
A settlement agreement between the City of Tshwane and its controversial smart metering supplier Peu Capital Partners was made an order of the High Court yesterday, says a Moneyweb report. In terms of the order, the city may now remove the meters supplied by PEU and install new meters for the almost 13 000 Tshwane customers, mostly large power users, who have been supplied with electricity through the PEU system.