Date: 1 October 2025
Edition: September 2025
This monthly Municipal #iRestMyCaseZA digest summarises three key reported cases from 1 September to 30 September 2025, decided in the superior Courts.
Case 1: Sogika Consulting v Mamusa Local Municipality and Others
In this North West High Court case, Sogika Consulting sought urgent enforcement of a prior court order requiring Mamusa Local Municipality to pay R13,773,619.84 plus interest for completed work, despite the municipality’s pending appeal. The court found the appeal to be a delay tactic, as the debt was acknowledged and no substantive defense existed, leading to financial distress for the applicant. The order was declared executable forthwith.
Key Takeaway: Courts can enforce judgments pending appeal in exceptional circumstances, such as severe financial harm to the applicant and lack of a valid defense by the respondent.
Link: https://www.saflii.org/za/cases/ZANWHC/2025/194.html
Case 2: Contour Technology (Pty) Ltd v Bergrivier Municipality and Others
The Western Cape High Court addressed a tender dispute where Bergrivier Municipality awarded, rescinded, and reinstated a contract for a pre-paid electricity system, leading to challenges over contract validity and implementation. The court dismissed the applicant’s bid for interim relief to halt the new contract, citing its prior implementation and failure to meet interdict requirements, while postponing declaratory relief.
Key Takeaway: Municipalities must follow proper legal processes, including court applications, when reviewing administrative decisions to avoid costly challenges and ensure contractual stability.
Link: https://www.saflii.org/za/cases/ZAWCHC/2025/424.html
Case 3: Zwane and Another v Msukaligwa Local Municipality and Others
In the Mpumalanga High Court, the applicants opposed Msukaligwa Local Municipality’s review application to set aside a 2008 land sale, citing the municipality’s failure to provide a complete record under Rule 53 despite a court order. This non-compliance hindered the review and infringed on fair trial rights. The court struck out the municipality’s application entirely.
Key Takeaway: Strict adherence to procedural rules, like furnishing complete records in review applications, is crucial to uphold fair trial rights and enable judicial oversight.
Link: https://www.saflii.org/za/cases/ZAMPMHC/2025/50.html