City of Ekurhuleni Metropolitan Municipality ; In re: Unlawful Occupiers: 1 Argyl Street and Others v Rohlandt Holdings CC and Others (CCT 228/22) [2024] ZACC 10 (31 May 2024)

Citation: City of Ekurhuleni Metropolitan Municipality ; In re: Unlawful Occupiers: 1 Argyl Street and Others v Rohlandt Holdings CC and Others (CCT 228/22) [2024] ZACC 10 (31 May 2024)
Media Neutral Citation: [2024] ZACC 10
Hearing date: 23 November 2024
Court: Constitutional Court of South Africa
Case number: CCT 228/22
Judges: Dodson AJ, Zondo CJ, Chaskalson AJ, Kollapen J, Mathopo J, Rogers J, Schippers AJ, Tshiqi J
Judgment date: 31 May 2024
Language: English
Type: Judgment
Media summary: Download PDF (162.6 KB)

Flynote

Condonation — late filing of application for leave to appeal, record and written submissions — lengthy delay in filing of record criticised — importance of issues raised and public interest justifying airing of dispute and granting of condonation

Consent order — order recording settlement reached between parties — requirements for grant of such order — order related to lis between parties — consistent with Constitution, law and public policy – holding some practical or legitimate advantage for parties

Consent order — non-compliance with requirements for grant of such order — consent order unrelated to lis, inconsistent with Constitution, Local Government: Municipal Structures Act 117 of 1998 and Local Government Ordinance 17 of 1939 and holding no practical or legitimate advantage — attorney lacking authority to consent to order

Rescission of consent order — delay in seeking — requirements for grant of rescission at common law — residual discretion to refuse

Costs — unsatisfactorily explained delays — costs not following suit

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Cited documents 34

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Administrative action – validity of administrative decision not the subject of counter-application or separate review application – beneficiary of decision prejudiced – proper process must be followed to set the decision aside – validity of decision not before the Court.

Administrative action – status of administrative decision improperly taken – decision remains effectual until properly set aside and cannot be ignored – application of Oudekraal judgment.

Eke v Parsons (CCT214/14) [2015] ZACC 30 (29 September 2015)

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Department of Transport and Others v Tasima (Pty) Ltd [2016] ZACC 39 (9 November 2016)

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Act

Constitution of the Republic of South Africa, 1996

Citizenship and Immigration · Education · Environment, Climate and Wildlife · Health and Food Safety · Human Rights · International Law · Labour and Employment · Public administration

Local Government: Municipal Structures Act, 1998

Human Rights · Infrastructure and Transportation · Labour and Employment · Public administration

Disaster Management Act, 2002

Environment, Climate and Wildlife · Infrastructure and Transportation

Property Valuers Profession Act, 2000