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South African Law • Jurisdictional Corpus
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Merafong City Local Municipality v Anglogold Ashanti Ltd

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Cases Cited in This Judgment

  • 3M South Africa (Pty) Ltd v The Commissioner for the South African Revenue Service(272/09) [2010] ZASCA 20 (23 March 2010)
    Cites

    The Supreme Court of Appeal upheld a reactive challenge to the imposition of customs duty which the taxpayer itself initiated, holding that disqualification…

  • Allpay Consolidated Investment Holdings (Pty) Ltd and Others v Chief Executive Officer of the South African Social Security Agency and Others(CCT 48/13) [2013] ZACC 42
    Applies

    This Court held that there is a clear distinction between constitutional invalidity of administrative action and the just and equitable remedy that may follow…

  • Azeem Hassan Walele v The City of Cape Town(CCT 64/07) [2008] ZACC 11
    Applies

    This Court observed that where an empowering provision requires the mere existence of a recommendation as a pre-condition for a decision, an invalid…

  • Bakgatla-Ba-Kgafela Communal Property Association v Bakgatla-Ba-Kgafela Tribal Authority and Others[2015] ZACC 25
    Applies

    This Court applied the principle that where an empowering provision requires the mere existence of a recommendation as a pre-condition for a decision, an…

  • Bengwenyama Minerals (Pty) Ltd v Genorah Resources (Pty) Ltd(71/09) [2010] ZASCA 50
    Applies

    This Court explored the Oudekraal paradox and held that the rule of law must never be relinquished, but circumstances of each case must be examined to…

  • Camilla Jane McDowell v The Minister of Justice and Constitutional DevelopmentCase no. A 104/2007 (unreported, Cape High Court, 21 May 2007)
    Applies

    This Court applied the Biowatch principle that a party seeking to enforce an order of an organ of state should not be made to pay costs.

  • City of Cape Town v Helderberg Park Development (Pty) Ltd(291/07) [2008] ZASCA 79 (2 June 2008)
    Cites

    The Supreme Court of Appeal stated it was settled law that the target of compulsion is entitled to await events and resist only when the unlawful condition is…

  • City of Johannesburg Metropolitan Municipality v Gauteng Development Tribunal(335/08) [2009] ZASCA 106 (22 September 2009)
    Applies

    This Court held that municipalities enjoy exclusive powers in relation to competencies allocated to them by the Constitution and that national and provincial…

  • City of Tshwane Metropolitan Municipality v Cable City (Pty) Ltd[2009] ZACC 34
    Cites

    The Supreme Court of Appeal cited Cable City for the principle that a collateral challenge is available only to an individual threatened by a public authority…

  • Economic Freedom Fighters v Speaker of the National Assembly and Others; Democratic Alliance v Speaker of the National Assembly and Others[2016] ZACC 11
    Applies

    Mogoeng CJ explained that no decision grounded in the Constitution or law may be disregarded without recourse to a court of law; to do otherwise would amount…

  • Marius Kruger v The President of the Republic of South Africa and Others(CCT 57/07) [2008] ZACC 17
    Cites

    Pharmaceutical Manufacturers was applied to support the duty of state functionaries to seek judicial correction of unlawful decisions.

  • Merafong City Local Municipality v AngloGold Ashanti Limited(20265/14) [2015] ZASCA 85 (28 May 2015)
    Appeal From

    The Constitutional Court granted leave to appeal and upheld the appeal. The majority judgment held that the Supreme Court of Appeal erred in categorically…

  • Minister for Environmental Affairs and Another v Aquarius Platinum (SA) (Pty) Ltd and Others(CCT 102/15) [2016] ZACC 4
    Cites

    Pharmaceutical Manufacturers was applied to support the duty of state functionaries to seek judicial correction of unlawful decisions.

  • Minister of Local Government, Environmental Affairs and Development Planning, Western Cape v The Habitat Council and Others; Minister of Local Government, Environmental Affairs and Development Planning, Western Cape v City of Cape Town and Others[2014] ZACC 9
    Applies

    This Court held that municipalities enjoy exclusive powers in relation to competencies allocated to them by the Constitution and that national and provincial…

  • Minister of Transport v Prodiba (Pty) Ltd(20028/2014) [2015] ZASCA 38 (25 March 2015)
    Approves

    The Supreme Court of Appeal declared an extension by a head of department void ab initio, showing that the Court regarded the extension as invalid from…

  • Nkosinathi Lawrence Khumalo and Another v Member of the Executive Council for Education: KwaZulu-Natal(CCT 10/13) [2013] ZACC 49
    Applies

    This Court held that public functionaries are enjoined to uphold and protect the rule of law by seeking the redress of their departments' unlawful decisions,…

  • Oudekraal Estates (Pty) Limited v The City of Cape TownCase No 41/2003 (SCA), reported at 2002 (6) SA 573 (C) (High Court judgment)
    Applies

    The High Court relied on Oudekraal to hold that the Minister's decision, even if impugnable, was binding on Merafong until set aside.

  • PFE International Inc (BVI) and Others v Industrial Development Corporation of South Africa Limited(CCT 129/11) [2012] ZACC 21
    Cites

    This Court held that superior courts enjoy the power to regulate their processes and may in the interests of justice depart from their own rules.

  • Tasima (Pty) Ltd v Department of Transport(792/2015) [2015] ZASCA 200 (2 December 2015)
    Disapproves

    The Supreme Court of Appeal held that administrative decisions must be treated as valid until set aside, even if actually invalid; the minority judgment…

  • The Manok Family Trust v Blue Horison Investment 10 (Pty) Limited(220/13) [2014] ZASCA 92
    Applies

    The Supreme Court of Appeal applied both the narrow ratio and broad principle of Kirland, holding that an official may not reverse a decision already made…

  • Tronox KZN Sands (Pty) Limited v KwaZulu-Natal Planning and Development Appeal Tribunal and Others[2016] ZACC 2
    Applies

    This Court held that municipalities enjoy exclusive powers in relation to competencies allocated to them by the Constitution and that national and provincial…

  • Tulip Diamonds FZE v Minister for Justice and Constitutional Development and Others(CCT 93/12) [2013] ZACC 19
    Cites

    This Court recognised that an own-interest litigant may be denied standing even though the result could be that an unlawful decision stands.

  • Women's Legal Centre Trust v President of the Republic of South Africa and Others(CCT 13/09) [2009] ZACC 20
    Cites

    This Court held that courts have a duty to uphold the Constitution and the law.

Cited By 6 Cases

  • Govan Mbeki Municipality v New Integrated Credit Solutions (Pty) Ltd(121/2020) [2021] ZASCA 34 (7 April 2021)
    Applies

    Applied to determine whether the GMM's characterisation as a reactive or collateral challenge was justified; Constitutional Court held reactive challenges are…

  • Merifon (Pty) Limited v Greater Letaba Municipality and Another[2022] ZACC 25
    Cites

    Cited for the doctrine of legality and reactive challenges, and that substance must triumph over form.

  • Mfolozi Community Environmental Justice Organisation and Others v Tendele Coal Mining (Pty) Ltd and OthersCase No: 3518/2023P (KZN High Court, Pietermaritzburg)
    Applies

    Cited for the principle that the sole power to pronounce an administrative decision defective and invalid lies with the courts and government itself has no…

  • National Credit Regulator v Getbucks (Pty) Ltd and Another(140/2020) [2021] ZASCA 28 (26 March 2021)
    Applies

    Applied to establish that a subject at risk of criminal conviction or other coercive action may raise a reactive or defensive challenge to the lawfulness of…

  • Ndabeni v Municipal Manager: OR Tambo District Municipality and Another(1066/2019) [2021] ZASCA 08 (21 January 2021)
    Cites

    Cited for the duty of state organs to be exemplary in compliance with the law and rule of law, and that they should seek to redress unlawful decisions and not…

  • The Thaba Chweu Rural Forum & Others v The Thaba Chweu Local Municipality and others(737/2021) [2023] ZASCA 25 (14 March 2023)
    Applies

    Merafong is applied to establish that the rule against delay in instituting review exists to curb prejudice that would ensue if the lawfulness of a decision…

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