Democratic Alliance and Others v Mosiane-Segotso and Others (16550/13) [2013] ZAGPPHC 93 (8 April 2013)

Democratic Alliance and Others v Mosiane-Segotso and Others (16550/13) [2013] ZAGPPHC 93 (8 April 2013)

The court found that the notice given for the 106th ordinary meeting was reasonable and met the requirements of the Rules and relevant statutes, as all councillors were present and no prejudice was alleged. Motion 51 was properly tabled and moved, as the Rules did not prohibit its consideration due to pending litigation, and the relevant procedural requirements were met. However, the acceptance of Prof Combrink's nomination as executive mayor by SMS did not comply with the statutory requirement for written confirmation by signature, rendering her election invalid. The urgent application for interim relief was dismissed, and the counter application declaring the election invalid was granted.

Citation
[2013] ZAGPPHC 93
Parties
Applicant: Democratic Alliance; Applicant: J C Landsberg; Applicant: Prof A L Combrink; Respondent: B E Mosiane-Segotso; Respondent: X D Kham; Respondent: DNS Tsagae; Respondent: M D Legoete; Respondent: H C Stolz; Respondent: Tlokwe City Council; Respondent: B G Moumakwe N O; Respondent: A J Maphethle
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 April 2013
Case Number
16550/13
Procedural Posture
Urgent Application / Judgment on Urgent Application and Counter Application
Outcome
Application dismissed with costs; counter application granted with costs; election of Prof Combrink as executive mayor declared invalid and set aside.
Judges
A B Rossouw
Legal Topics
Municipal Structures Act, Local Government Procedure, Interim Interdict, Validity of Election, Notice Requirements, Rules of Order
Administrative Law Civil Procedure Land and Property Municipal Structures Act Local Government Procedure Interim Interdict Validity of Election Notice Requirements +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2
Sign in to unlock

Parties

Democratic Alliance

Applicant

J C Landsberg

Applicant

Prof A L Combrink

Applicant

B E Mosiane-Segotso

Respondent

X D Kham

Respondent

DNS Tsagae

Respondent

M D Legoete

Respondent

H C Stolz

Respondent

Tlokwe City Council

Respondent

B G Moumakwe N O

Respondent

A J Maphethle

Respondent

Procedural Posture

Urgent Application / Judgment on Urgent Application and Counter Application

Legal Issues

  1. 1 Whether proper notice was given of the 106th ordinary meeting of the municipal council.
  2. 2 Whether motion 51 for the removal of the executive mayor was irregularly dealt with.
  3. 3 Whether the election of Prof Combrink as executive mayor was valid.

Ratio Decidendi

The court found that the notice given for the 106th ordinary meeting was reasonable and met the requirements of the Rules and relevant statutes, as all councillors were present and no prejudice was alleged. Motion 51 was properly tabled and moved, as the Rules did not prohibit its consideration due to pending litigation, and the relevant procedural requirements were met. However, the acceptance of Prof Combrink's nomination as executive mayor by SMS did not comply with the statutory requirement for written confirmation by signature, rendering her election invalid. The urgent application for interim relief was dismissed, and the counter application declaring the election invalid was granted.

Court Disposition

Application dismissed with costs; counter application granted with costs; election of Prof Combrink as executive mayor declared invalid and set aside.

Orders

  • The urgent application is dismissed with costs, including costs of two counsel.
  • The sixth, seventh and eighth respondents' application to strike out is dismissed.