Bobo and Others v Faku and Others (CA 53/2013) [2013] ZAECGHC 87 (29 August 2013)

Bobo and Others v Faku and Others (CA 53/2013) [2013] ZAECGHC 87 (29 August 2013)

The court held that the executive mayor's decision to remove the appellants from the mayoral committee was an exercise of executive power under section 60 of the Local Government Municipal Structures Act, not an administrative action. Therefore, the decision was not subject to review under the Promotion of Administrative Justice Act or the audi alterem partem principle. The Act does not prescribe any procedure for dismissal, and the legislature deliberately did not afford mayoral committee members the same procedural protections as members of the municipal council. The decision was rational, based on the appellants' lack of assistance and poor performance, and satisfied the requirements...

Citation
[2013] ZAECGHC 87
Parties
Appellant: Lunto Bobo; Appellant: Nombinie Abegail Sityi; Appellant: Mankomo Ulyth Pango; Appellant: Fudukile William Mbovane; Appellant: Sakhumzi Welcome Caga; Appellant: Mhleli Dickson Matika; Respondent: Zukisa Faku; Respondent: Buffalo City Municipality; Respondent: The Acting Municipal Manager, Nomine Officio of the Buffalo City Municipality; Respondent: Luleka Simon; Respondent: Nomiki Mgezi; Respondent: Nomazizi Jakavula; Respondent: Xolisile Mpupusi; Respondent: Thembisa Nondala; Respondent: Desmond Mhani
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
29 August 2013
Case Number
CA 53/2013
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed with costs.
Judges
Nepgen, Pickering, Brooks
Legal Topics
Mayoral Committee Dismissal, Executive Vs Administrative Action, Audi Alterem Partem, Rationality Review, Internal Remedies, Local Government Structures Act
Administrative Law Civil Procedure Mayoral Committee Dismissal Executive Vs Administrative Action Audi Alterem Partem Rationality Review Internal Remedies Local Government Structures Act

Case Brief

Summary, issues, holding and outcome

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Parties

Lunto Bobo

Appellant

Nombinie Abegail Sityi

Appellant

Mankomo Ulyth Pango

Appellant

Fudukile William Mbovane

Appellant

Sakhumzi Welcome Caga

Appellant

Mhleli Dickson Matika

Appellant

Zukisa Faku

Respondent

Buffalo City Municipality

Respondent

The Acting Municipal Manager, Nomine Officio of the Buffalo City Municipality

Respondent

Luleka Simon

Respondent

Nomiki Mgezi

Respondent

Nomazizi Jakavula

Respondent

Xolisile Mpupusi

Respondent

Thembisa Nondala

Respondent

Desmond Mhani

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the executive mayor's decision to remove the appellants from the mayoral committee constituted administrative action subject to review.
  2. 2 Whether the audi alterem partem principle applied to the removal of the appellants.
  3. 3 Whether the decision of the executive mayor was rational and lawful.

Ratio Decidendi

The court held that the executive mayor's decision to remove the appellants from the mayoral committee was an exercise of executive power under section 60 of the Local Government Municipal Structures Act, not an administrative action. Therefore, the decision was not subject to review under the Promotion of Administrative Justice Act or the audi alterem partem principle. The Act does not prescribe any procedure for dismissal, and the legislature deliberately did not afford mayoral committee members the same procedural protections as members of the municipal council. The decision was rational, based on the appellants' lack of assistance and poor performance, and satisfied the requirements...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.