Where a municipal tender had been withdrawn, a disappointed tenderer persuaded a high court to grant an order obliging the municipality to proceed with the tender. This order was set aside on appeal in City of Tshwane v Nambiti Technologies (Pty) Ltd because the courts should not intervene in such decisions and instruct government how
Separation of powers
The nature of our three tier government
By Patrick Bracher (ZA) on
The Constitution establishes government at three levels. The principle of cooperative government devolves legislative and executive powers among three distinctive spheres of government: national, provincial and municipal. Each sphere has autonomous powers and responsibilities working together with the others to ensure that government as a whole meets its constitutional responsibilities. Only in rare situations can…