Bojosinyane v Maroga and Others (Leave to Appeal) (UM197/2022) [2023] ZANWHC 139 (18 August 2023)

Bojosinyane v Maroga and Others (Leave to Appeal) (UM197/2022) [2023] ZANWHC 139 (18 August 2023)

The court found that the applicant established a sound and rational basis for the conclusion that the matter enjoys prospects of success on appeal. There are aspects of the previous judgment that may warrant the attention of a higher court. However, the issues raised do not justify intervention by the Supreme Court of Appeal, and thus leave to appeal is granted to the Full Court of the Division.

Citation
[2023] ZANWHC 139
Parties
Applicant: Olaotse Theophilus Bojosinyane; Respondent: Sello Maroga; Respondent: Kagisano Molopo Local Municipality; Respondent: MEC for the Northwest Department of Cooperative Governance, Human Settlement and Traditional Affairs; Respondent: ABSA Bank Limited; Respondent: Minister of Cooperative Governance and Traditional Affairs; Respondent: Premier of the Northwest Province; Respondent: Executive Council: Northwest Province; Respondent: Provincial Legislature: Northwest Province; Respondent: National Council of Provinces; Respondent: President of the Republic of South Africa
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
18 August 2023
Case Number
UM197/2022
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against the Judgment and Orders of Mahlangu AJ Delivered on 31 October 2022.
Outcome
Leave to appeal is granted to the Full Court of this Division. Costs shall be costs in the appeal.
Judges
S. Mfenyana
Legal Topics
Municipal Intervention, Appointment of Administrator, Section 139 Constitution, Employment Contract Termination
Administrative Law Constitutional Law Municipal Intervention Appointment of Administrator Section 139 Constitution Employment Contract Termination

Case Brief

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Parties

Olaotse Theophilus Bojosinyane

Applicant

Sello Maroga

Respondent

Kagisano Molopo Local Municipality

Respondent

MEC for the Northwest Department of Cooperative Governance, Human Settlement and Traditional Affairs

Respondent

ABSA Bank Limited

Respondent

Minister of Cooperative Governance and Traditional Affairs

Respondent

Premier of the Northwest Province

Respondent

Executive Council: Northwest Province

Respondent

Provincial Legislature: Northwest Province

Respondent

National Council of Provinces

Respondent

President of the Republic of South Africa

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against the Judgment and Orders of Mahlangu AJ Delivered on 31 October 2022.

Legal Issues

  1. 1 Whether the Minister approved the appointment of the first respondent as administrator for the municipality.
  2. 2 Whether the Executive Council complied with section 139(2)(a) of the Constitution in its intervention.
  3. 3 Whether the applicant's contract of employment lawfully lapsed and whether the administrator had the power to reduce the applicant's term of office.

Ratio Decidendi

The court found that the applicant established a sound and rational basis for the conclusion that the matter enjoys prospects of success on appeal. There are aspects of the previous judgment that may warrant the attention of a higher court. However, the issues raised do not justify intervention by the Supreme Court of Appeal, and thus leave to appeal is granted to the Full Court of the Division.

Court Disposition

Leave to appeal is granted to the Full Court of this Division. Costs shall be costs in the appeal.

Orders

  • Leave to appeal is granted to the Full Court of this Division.
  • Costs shall be costs in the appeal.