- The North Gauteng High Court found the City of Tshwane Metropolitan Municipality and its municipal managers in contempt for wilfully disobeying multiple court orders to transfer immovable properties.
- A suspended fine of R500 000 was imposed on the municipal manager, conditional on compliance with the transfer orders within 15 calendar days.
- The ruling reinforces the constitutional principle that all court orders must be obeyed until properly set aside, safeguarding the judiciary’s authority and the rule of law.
The North Gauteng High Court’s recent judgment on 8 July 2025 marks a significant moment in the ongoing struggle to uphold judicial authority in South Africa.
After nearly two decades of legal wrangling, the court has decisively held the City of Tshwane Metropolitan Municipality and its municipal manager Johann Metter in contempt for repeatedly ignoring court orders to transfer certain immovable properties to Pretoria Educational Centre (Pty) Ltd.
This ruling follows a protracted legal dispute, beginning in 2007, during which the court issued repeated orders compelling the City to execute documentation necessary to effect the property transfers. Despite these clear and binding orders, the City failed to meet its legal obligations, prompting the applicant to approach the court to enforce compliance through contempt proceedings.
The court found that the respondents deliberately ignored the court’s repeated instructions, including a specific judgment delivered in January 2025, which required the City to sign all transfer documents within 14 calendar days.
Notably, the City’s attorneys admitted in a letter dated 27 May 2025 that they had placed the transfer process on hold pending a late application for leave to appeal, which was filed 73 court days after the judgment, a delay the court described as “extremely belated.”
The court emphasised that a mere application for leave to appeal does not suspend the operation of a court order unless the court expressly grants a suspension. Therefore, the City’s conduct constituted wilful non-compliance and contempt of court.
Upholding judicial authority and the rule of law
Acting Judge RN Nthambeleni cited section 165 of the Constitution, which vests judicial authority in the courts and mandates that all persons and organs of state are bound by court orders. It further prohibits interference with the functioning of the judiciary and requires organs of state to assist courts in preserving their dignity and effectiveness.
The court stressed that wilful disobedience of court orders undermines the rule of law and imperils the administration of justice. It made clear that no legal opinion or advice, even from Senior Counsel, can justify non-compliance with court orders.
Fine and conditional suspension
Considering the persistent contempt, the court imposed a fine of R500 000 on the municipal manager responsible for the City’s conduct. However, this fine is suspended for 31 days on condition that the City purges its contempt by complying with the court orders and completing the transfer within 15 calendar days.
Should the City fail to meet this deadline, the fine will become immediately payable, underscoring the seriousness with which the judiciary views compliance.
The court also ordered the City and municipal officials to pay the costs of the application on an attorney-and-client scale, including the costs of two counsel, reflecting the gravity of their defiance.
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