Democratic Alliance and Another v Masondo NO and Another (CCT29/02) [2002] ZACC 28; 2003 (2) BCLR 128 ; 2003 (2) SA 413 (CC) (12 December 2002)

Democratic Alliance and Another v Masondo NO and Another (CCT29/02) [2002] ZACC 28; 2003 (2) BCLR 128 ; 2003 (2) SA 413 (CC) (12 December 2002)

The majority of the Constitutional Court held that a mayoral committee established under section 60 of the Structures Act is not a 'committee of the municipal council' as contemplated by section 160(8) of the Constitution. The mayoral committee is appointed by and answerable to the executive mayor, not the council, and its primary function is to assist the mayor in the exercise of executive authority. The Structures Act does not require minority party representation on mayoral committees, and there is no constitutional basis to imply such a requirement. Section 160(8) applies only to committees elected by the council, not to those appointed by the mayor. Therefore, section 60(1)(a) of the...

Citation
[2002] ZACC 28
Parties
Appellant: Democratic Alliance; Appellant: Michael Sean Moriarty; Respondent: Amos Masondo N.O.; Respondent: Minister of Provincial and Local Government
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
12 December 2002
Case Number
CCT29/02
Procedural Posture
Civil Appeal / Appeal From the High Court, Johannesburg
Outcome
Appeal dismissed. Each party to pay its own costs.
Judges
Langa DCJ, Chaskalson CJ, Goldstone J, Kriegler J, Mokgoro J, Ngcobo J, Yacoob J, Sachs J, O'Regan J
Legal Topics
Local Government Structures, Mayoral Committee Composition, Fair Representation, Municipal Structures Act, Constitutional Interpretation
Constitutional Law Administrative Law Local Government Structures Mayoral Committee Composition Fair Representation Municipal Structures Act Constitutional Interpretation

Case Brief

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Parties

Democratic Alliance

Appellant

Michael Sean Moriarty

Appellant

Amos Masondo N.O.

Respondent

Minister of Provincial and Local Government

Respondent

Procedural Posture

Civil Appeal / Appeal From the High Court, Johannesburg

Legal Issues

  1. 1 Whether minority political parties in a municipal council are entitled to representation on a mayoral committee established under the Local Government: Municipal Structures Act.
  2. 2 Whether section 60(1)(a) of the Structures Act is unconstitutional for failing to require minority party representation on mayoral committees.
  3. 3 Whether mayoral committees are 'committees of the municipal council' as contemplated by section 160(8) of the Constitution.

Ratio Decidendi

The majority of the Constitutional Court held that a mayoral committee established under section 60 of the Structures Act is not a 'committee of the municipal council' as contemplated by section 160(8) of the Constitution. The mayoral committee is appointed by and answerable to the executive mayor, not the council, and its primary function is to assist the mayor in the exercise of executive authority. The Structures Act does not require minority party representation on mayoral committees, and there is no constitutional basis to imply such a requirement. Section 160(8) applies only to committees elected by the council, not to those appointed by the mayor. Therefore, section 60(1)(a) of the...

Court Disposition

Appeal dismissed. Each party to pay its own costs.

Orders

  • The appeal is dismissed.
  • Each party is to pay its own costs.