Merafong City Local Municipality v AngloGold Ashanti Ltd (20265/14) [2015] ZASCA 85 (28 May 2015) per Maya JA (Majiedt, Mbha JJA, Schoeman and Van der Merwe AJJA concurring)

The Supreme  Court of Appeal disallowed the appeal.  According to the principle of legality a decision, even if technically invalid, cannot be disregarded even by an organ of State. The decision exists and has legal consequences until it is set aside by a court in proceedings for judicial review.  The Minister’s ruling was made in terms of s 8(9) of the Water Services Act 108 of 1997 and overturned the municipality’s decision to levy a surcharge on water for industrial use by mines.