Buthelezi and Others v Ditsobotla Local Municipality and Others (UM14/2021) [2021] ZANWHC 37 (9 March 2021)

Buthelezi and Others v Ditsobotla Local Municipality and Others (UM14/2021) [2021] ZANWHC 37 (9 March 2021)

The court found that the council meeting of 15 January 2021 and the resolutions removing the Mayor and Executive Committee members were marred by procedural irregularities and non-compliance with both the Standing Orders and the Municipal Structures Act. The Speaker had withdrawn the motions, and the Acting Speaker's reintroduction of the motions without proper notice violated statutory requirements and the applicants' rights to participate and be heard. The court held that the applicants established a prima facie right to interim relief, as the unlawful conduct caused ongoing harm and could not be remedied in due course. The balance of convenience favoured the applicants, and the urgency...

Citation
[2021] ZANWHC 37
Parties
Applicant: Tebogo Daniel Buthelezi; Applicant: Maria Mashadi Gulube; Applicant: Serurubele Andries Matshane; Applicant: Daemane Hilda Kebone; Applicant: Kedisaletse Martha Seribe; Respondent: Ditsobotla Local Municipality; Respondent: Mosidi Esther Mmota; Respondent: Molefe Morutse; Respondent: Member of the Executive Council of the North West Province for the Department of Cooperative Governance; Respondent: Electoral Commission of South Africa; Respondent: Motlhanaka Patrick Morero; Respondent: Pako Matshogo; Respondent: Thandi Mmolawa; Respondent: Lebogang Mongale; Respondent: Letsholo Mtlhambe; Respondent: Themba Sonakele; Respondent: Hlomane Chauke in his capacity as the PIC Co-ordinator of the African National Congress for the North West Province; Respondent: Elias Magashule in his capacity as the African Secretary General of the African National Congress
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
9 March 2021
Case Number
UM14/2021
Procedural Posture
Urgent Application / Interim Interdict Pending Review
Outcome
Interim interdict granted; applicants reinstated pending review.
Judges
A.M. Mtembu
Legal Topics
Municipal Structures Act, Interim Interdict, Audi Alteram Partem, Council Meeting Irregularity, Urgent Application, Standing Orders Non Compliance
Administrative Law Civil Procedure Municipal Structures Act Interim Interdict Audi Alteram Partem Council Meeting Irregularity Urgent Application Standing Orders Non Compliance

Case Brief

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Parties

Tebogo Daniel Buthelezi

Applicant

Maria Mashadi Gulube

Applicant

Serurubele Andries Matshane

Applicant

Daemane Hilda Kebone

Applicant

Kedisaletse Martha Seribe

Applicant

Ditsobotla Local Municipality

Respondent

Mosidi Esther Mmota

Respondent

Molefe Morutse

Respondent

Member of the Executive Council of the North West Province for the Department of Cooperative Governance

Respondent

Electoral Commission of South Africa

Respondent

Motlhanaka Patrick Morero

Respondent

Pako Matshogo

Respondent

Thandi Mmolawa

Respondent

Lebogang Mongale

Respondent

Letsholo Mtlhambe

Respondent

Themba Sonakele

Respondent

Hlomane Chauke in his capacity as the PIC Co-ordinator of the African National Congress for the North West Province

Respondent

Elias Magashule in his capacity as the African Secretary General of the African National Congress

Respondent

Procedural Posture

Urgent Application / Interim Interdict Pending Review

Legal Issues

  1. 1 Whether the council meeting of 15 January 2021 and the resolutions passed were lawful and valid.
  2. 2 Whether the removal of the Mayor and Executive Committee members complied with statutory and procedural requirements.
  3. 3 Whether the applicants are entitled to interim relief pending review.

Ratio Decidendi

The court found that the council meeting of 15 January 2021 and the resolutions removing the Mayor and Executive Committee members were marred by procedural irregularities and non-compliance with both the Standing Orders and the Municipal Structures Act. The Speaker had withdrawn the motions, and the Acting Speaker's reintroduction of the motions without proper notice violated statutory requirements and the applicants' rights to participate and be heard. The court held that the applicants established a prima facie right to interim relief, as the unlawful conduct caused ongoing harm and could not be remedied in due course. The balance of convenience favoured the applicants, and the urgency...

Court Disposition

Interim interdict granted; applicants reinstated pending review.

Orders

  • The application is heard as one of urgency and non-compliance with timeframes is condoned.
  • The effect of the council resolutions of 15 January 2021 is suspended pending review.