AB Xuma Local Municipality and Another v Kunogqala Local Residents and Others

The applicants, AB Xuma Local Municipality and its Municipal Manager, sought leave to appeal against a judgment delivered on 6 February 2025 in which the High Court granted mandatory and structural relief compelling the Municipality to take steps to commence and complete the construction of the Nogqala access road. The underlying dispute arose from long-standing complaints by the Kunogqala local residents regarding the absence of an adequate access road to their village. The Municipality contended that approximately 500 metres of road had been constructed on either side of the Nogqala Bridge as part of the bridge construction project, while the respondents maintained that no meaningful road construction had occurred. It was common cause that the Municipality’s Integrated Development Plans, including the 2023–2024 IDP, contained no specific plan or framework for the construction of the Nogqala Road.

The application for leave to appeal was dismissed with costs.

The judgment reaffirms the stringent threshold for granting leave to appeal under section 17 of the Superior Courts Act. It also underscores the accountability of municipalities to comply with their constitutional and statutory obligations in service delivery, and confirms that courts may grant structural interdicts without violating the separation of powers where a municipality has failed to act.