Democratic Alliance v Kouga Municipality and Others (151/2013) [2013] ZASCA 163; [2014] 1 All SA 281 (SCA) (26 November 2013)

Democratic Alliance v Kouga Municipality and Others (151/2013) [2013] ZASCA 163; [2014] 1 All SA 281 (SCA) (26 November 2013)

The Supreme Court of Appeal held that the appointments of the managers by the Kouga Municipality were lawful. The evidence established that the municipal manager was consulted and actively participated in the selection process, satisfying the requirements of section 56(1)(a) of the Municipal Systems Act. The DA's argument regarding the absence of an approved organogram and non-compliance with section 66(3) was not properly raised in the founding papers and was based on speculative and incomplete evidence. The council had, in fact, created a post establishment including the relevant positions, and the appointments corresponded to existing directorates. The court emphasized that legal...

Citation
[2013] ZASCA 163
Parties
Appellant: Democratic Alliance; Respondent: Kouga Municipality; Respondent: Booi Koerat; Respondent: Sidney Fadi; Respondent: Colleen Dreyer; Respondent: Vernon Stuurman; Respondent: Patrick Kota; Respondent: Virginia Camealio-Benjamin; Respondent: Angelina Maseti; Respondent: Phumzile Oliphant; Respondent: Mlibo Qoboshiyane; Respondent: J Jansen; Respondent: V Felton; Respondent: T Tom; Respondent: C Burger; Respondent: C Arendse
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
26 November 2013
Case Number
151/2013
Procedural Posture
Civil Appeal / Appeal From Eastern Cape High Court, Port Elizabeth
Outcome
Appeal dismissed with costs, including costs of two counsel.
Judges
Ponnan, Shongwe, Willis, Van der Merwe, Meyer
Legal Topics
Municipal Systems Act, Appointment of Municipal Managers, Staff Establishment Requirements, Review of Administrative Action
Administrative Law Civil Procedure Municipal Systems Act Appointment of Municipal Managers Staff Establishment Requirements Review of Administrative Action

Case Brief

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Parties

Democratic Alliance

Appellant

Kouga Municipality

Respondent

Booi Koerat

Respondent

Sidney Fadi

Respondent

Colleen Dreyer

Respondent

Vernon Stuurman

Respondent

Patrick Kota

Respondent

Virginia Camealio-Benjamin

Respondent

Angelina Maseti

Respondent

Phumzile Oliphant

Respondent

Mlibo Qoboshiyane

Respondent

J Jansen

Respondent

V Felton

Respondent

T Tom

Respondent

C Burger

Respondent

C Arendse

Respondent

Procedural Posture

Civil Appeal / Appeal From Eastern Cape High Court, Port Elizabeth

Legal Issues

  1. 1 Whether the appointments of managers by the Kouga Municipality complied with section 56(1)(a) and section 66(3) of the Municipal Systems Act.
  2. 2 Whether the required consultation with the municipal manager occurred prior to the appointments.
  3. 3 Whether the absence of an approved organogram rendered the appointments invalid under section 66(3) of the Act.

Ratio Decidendi

The Supreme Court of Appeal held that the appointments of the managers by the Kouga Municipality were lawful. The evidence established that the municipal manager was consulted and actively participated in the selection process, satisfying the requirements of section 56(1)(a) of the Municipal Systems Act. The DA's argument regarding the absence of an approved organogram and non-compliance with section 66(3) was not properly raised in the founding papers and was based on speculative and incomplete evidence. The council had, in fact, created a post establishment including the relevant positions, and the appointments corresponded to existing directorates. The court emphasized that legal...

Court Disposition

Appeal dismissed with costs, including costs of two counsel.

Orders

  • The appeal is dismissed with costs, such costs to include those consequent upon the employment of two counsel.