Western Cape High Court rules against City of Cape Town in minstrels dispute
Supporters of the Cape Town Minstrel Carnival Association (CTMCA) celebrate outside court following a ruling in their favour in the dispute with the City of Cape Town over the Vygieskraal Stadium booking.
Image: Supplied
The Western Cape High Court has dismissed the City of Cape Town's application for leave to appeal in its legal dispute with the Cape Town Minstrel Carnival Association (CTMCA).
In the judgment handed down on Monday, Judge Mokgoatji Lekhuleni found that the City's appeal had no real chance of winning and described further litigation as a "waste of judicial resources".
The dispute stems from the City's decision to cancel CTMCA's confirmed booking for Vygieskraal Stadium to host Tweede Nuwe Jaar events earlier this year, on January 1, 10, 17 and 24.
The City initially confirmed the booking on September 17 and 19, 2025, but cancelled it on September 22.
The CTMCA then approached the High Court on December 29, 2025, seeking answers.
Judge Lekhuleni ruled that the City acted unlawfully when it withdrew the booking after it had already been confirmed.
"After granting that booking, the City became functus officio. It was impermissible for the City to withdraw that decision on its own without the intervention of the court," the judgment read.
The court further held that organs of state are not entitled to ignore or reverse administrative decisions at will.
The City had argued during the appeal proceedings that the booking confirmation was made in error because Vygieskraal Stadium allegedly did not comply with the Safety at Sports and Recreational Events Act.
However, the court rejected this argument, finding that the City was attempting to introduce a new justification after the fact.
The court further noted that responsibility for ensuring venue compliance rests with the City itself.
"When the City confirmed the booking, it knew or should have known of Vygieskraal's compliance."
Applying the Plascon-Evans rule, the court found that CTMCA's version of events was uncontested.
Judge Lekhuleni also observed that CTMCA had attempted to resolve the matter without litigation.
"The respondent approached the court as a measure of last resort. When the respondents engaged the City, they were met with deafening silence."
CTMCA chairperson, Igshaan Alexander, welcomed the judgment, describing it as a victory not only for the organisation but also for cultural groups across Cape Town.
"Today, the High Court confirmed what we knew all along: the City acted unlawfully. The Judge called it 'impermissible self-help' and a 'waste of judicial resources'. The City tried to shift goalposts with new excuses, but the Court said 'that ship has already sailed'."
Following the dismissal of the appeal, CTMCA's attorneys, Roelf Jumat Attorneys Inc, will proceed with the taxation and recovery of legal costs from the City in accordance with the court's costs order.
In response, the City said it had provided various available dates at Athlone Stadium, but they were not taken up.
The City further said that while the events linked to the court matter were already in the past, the City would continue supporting the minstrel community "to achieve greater heights, as was the case with this past festive season’s robust and successful Tweede Nuwe Jaar and minstrel competition programme."
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