Litigation

De Swardt Vögel Myambo Attorneys is very proud of and is well known throughout South Africa for the speciality work that it conducts in the public sector in the Provincial and Local Government administrative sphere.  It has been involved in litigation in this area since establishment in 1996, throughout the entire democratic transformation process in South Africa from which time the Firm has acted as experts in the Local Government administrative law spheres.

The Firm has extensive experience in both opposed action and application related litigation in the different courts:

Constitutional Court

Supreme Court of Appeal

High Court

The professional staff of De Swardt Vögel Myambo Attorneys has been involved in litigation matters in the following types of disputes:

  • Challenging and/or enforcing the validity of general administrative acts, both at a Provincial Government as well as Local Government level
  • Challenging and/or enforcing the validity of Municipal Council Resolutions, Executive Mayoral Committee Resolutions and Recommendations, Section 79 and 80 Committee Resolutions and Recommendations
  • Defending High Court litigation in disputes relating to the appointment, suspension and dismissal of municipal managers, section 57 managers and other senior management employees in the Provincial and Local Government sphere
  • Damages claims
  • Contractual claims
  • Constitutional Court and High Court litigation relating to challenges in respect of the validity of property rates, taxes and tariffs implemented by Municipalities
  • Litigation relating to the eviction of squatters.  The Firm has successfully opposed a variety of eviction applications to prevent the unlawful eviction of less privileged communities on mandates from Municipalities
  • Obtaining and/or opposing interdicts on an urgent, semi-urgent and in the normal course of court proceedings relating to municipal property, municipal resolutions and/or general administrative decisions
  • Collection of municipal taxes, rates and tariffs
  • Attendance to litigation in respect of Town Planning, Environmental Law and Property Law
  • Expropriations for purposes of establishment of housing and agri-village purposes
  • Supply chain management, tender evaluation / adjudication disputes and interdicts for the review and setting aside of tenders adjudicated by municipalities
  • Litigation relating to breaches of services agreements and/or conditions of establishment with property developers
  • Declaratory orders and review applications relating to general administrative acts at all levels of Government
  • Applications relating to access to information and the procedures stemming therefrom in the public and international law sphere

We attend to litigation on behalf of Provincial Government as well as Municipalities throughout the Republic of South Africa in all the different Courts.

The Firm has successfully defended the North West Provincial Government against review applications to set aside interventions at Local Government level by the Provincial Government in terms of Section 139(1)(b) of the Constitution.

The Firm has particular knowledge in the Local Government: Municipal Structures Act, Local Government: Municipal Systems Act, Local Government: Municipal Financial Management Act and the Property Rates Act as well as the myriad of regulations issued in terms thereof.  The Firm also frequently deals with disputes relating to Municipal Council Rules of Order, Delegations of Authority, Annual Budgets, Integrated Development Plans, Service Delivery and Budget Implementation Plans, establishment, functioning, management and procedures of Section 79 and Section 80 Committees, Municipal Public Accounts and Audit Committees, Town Planning Schemes, etcetera.

At a Municipal level assistance and advice has been provided in the formulation and drafting of indigent policies, debt collection and debt control policies and the recovery procedures.