Democratic Alliance v Ethekwini Municipality (887/2010) [2011] ZASCA 221; 2012 (2) SA 151 (SCA); [2012] 1 All SA 412 (SCA) (30 November 2011)

Democratic Alliance v Ethekwini Municipality (887/2010) [2011] ZASCA 221; 2012 (2) SA 151 (SCA); [2012] 1 All SA 412 (SCA) (30 November 2011)

The Supreme Court of Appeal held that the decisions by the Ethekwini Municipality to rename streets were not administrative actions as defined by PAJA, but rather exercises of executive or legislative power by the municipal council. Therefore, PAJA did not apply. However, the principle of legality still required that the decisions be lawful and rational. The court found that the municipality failed to comply with its own street naming policy and did not facilitate reasonable public participation before making the phase 1 decision to rename nine streets. This failure rendered the phase 1 decision unlawful and subject to review and setting aside. In contrast, the court found that the phase...

Citation
[2011] ZASCA 221
Parties
Appellant: Democratic Alliance; Respondent: Ethekwini Municipality
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 November 2011
Case Number
887/2010
Procedural Posture
Civil Appeal / Appeal From Kwa Zulu Natal High Court, Durban
Outcome
Appeal upheld in respect of phase 1; dismissed in respect of phase 2.
Judges
Navsa, Brand, Heher, Maya, Cachalia
Legal Topics
Promotion of Administrative Justice Act, Principle of Legality, Public Participation, Municipal Powers, Street Renaming
Administrative Law Civil Procedure Promotion of Administrative Justice Act Principle of Legality Public Participation Municipal Powers Street Renaming

Case Brief

Summary, issues, holding and outcome

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Parties

Democratic Alliance

Appellant

Ethekwini Municipality

Respondent

Procedural Posture

Civil Appeal / Appeal From Kwa Zulu Natal High Court, Durban

Legal Issues

  1. 1 Whether the decisions by the Ethekwini Municipality to rename streets constituted 'administrative action' reviewable under PAJA.
  2. 2 Whether the municipality complied with its own street naming policy and statutory requirements regarding public participation.
  3. 3 Whether the decisions to rename streets were lawful and rational under the principle of legality.

Ratio Decidendi

The Supreme Court of Appeal held that the decisions by the Ethekwini Municipality to rename streets were not administrative actions as defined by PAJA, but rather exercises of executive or legislative power by the municipal council. Therefore, PAJA did not apply. However, the principle of legality still required that the decisions be lawful and rational. The court found that the municipality failed to comply with its own street naming policy and did not facilitate reasonable public participation before making the phase 1 decision to rename nine streets. This failure rendered the phase 1 decision unlawful and subject to review and setting aside. In contrast, the court found that the phase...

Court Disposition

Appeal upheld in respect of phase 1; dismissed in respect of phase 2.

Orders

  • The appeal is upheld to the extent reflected in paragraph 3.
  • The respondent is directed to pay the costs of the appeal.