Democratic Alliance v Matika and Others (1858/18; 1860/18) [2018] ZANCHC 55; 2019 (1) SA 214 (NCK) (29 August 2018)

Democratic Alliance v Matika and Others (1858/18; 1860/18) [2018] ZANCHC 55; 2019 (1) SA 214 (NCK) (29 August 2018)

The court found that the meeting held on 25 July 2018 was not lawfully convened, as only the Speaker or Acting Speaker is empowered to call council meetings, and the Acting Speaker did not do so. No proper notice was given to all councillors, including Mr Matika, in violation of the Municipal Structures Act and the Rules of Order. The absence of notice deprived councillors of their right to participate and debate, frustrating the objects of democratic local government and the audi alteram partem principle. The resolutions adopted at the meeting, including the removal of Mr Matika as Executive Mayor, were therefore unlawful and invalid. The court declined to compel the Acting Speaker to...

Citation
[2018] ZANCHC 55
Parties
Applicant: Democratic Alliance; Respondent: O.M. Matika; Respondent: Minister of Co-operative Governance, Human Settlements and Traditional Affairs; Respondent: Acting Executive Mayor, Sol Plaatje Local Municipality; Respondent: Acting Speaker of the Municipal Council, Sol Plaatje Local Municipality; Respondent: Acting Municipal Manager, Sol Plaatje Local Municipality; Respondent: Elizabeth Johnson; Respondent: The Sheriff or his Deputy, Kimberley
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
29 August 2018
Case Number
1858/18; 1860/18
Procedural Posture
Urgent Application / Final Judgment After Consolidation of Two Urgent Applications
Outcome
The Democratic Alliance's application is dismissed with costs. Mr Matika's application succeeds; the meeting and all resolutions of 25 July 2018 are declared unlawful and set aside. Costs awarded on a party and party scale.
Judges
Tlaletsi JP, Olivier ADJP
Legal Topics
Municipal Structures Act, Audi Alteram Partem, Council Meeting Validity, Notice Requirements, Motion of No Confidence, Local Government Rules
Administrative Law Civil Procedure Land and Property Municipal Structures Act Audi Alteram Partem Council Meeting Validity Notice Requirements Motion of No Confidence +1 more

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Parties

Democratic Alliance

Applicant

O.M. Matika

Respondent

Minister of Co-operative Governance, Human Settlements and Traditional Affairs

Respondent

Acting Executive Mayor, Sol Plaatje Local Municipality

Respondent

Acting Speaker of the Municipal Council, Sol Plaatje Local Municipality

Respondent

Acting Municipal Manager, Sol Plaatje Local Municipality

Respondent

Elizabeth Johnson

Respondent

The Sheriff or his Deputy, Kimberley

Respondent

Procedural Posture

Urgent Application / Final Judgment After Consolidation of Two Urgent Applications

Legal Issues

  1. 1 Whether the council meeting held on 25 July 2018 was lawfully convened and constituted.
  2. 2 Whether proper notice was given to all councillors, including Mr Matika, regarding the meeting and the motion of no confidence.
  3. 3 Whether the resolutions adopted at the meeting, including the removal of Mr Matika as Executive Mayor, are valid and lawful.

Ratio Decidendi

The court found that the meeting held on 25 July 2018 was not lawfully convened, as only the Speaker or Acting Speaker is empowered to call council meetings, and the Acting Speaker did not do so. No proper notice was given to all councillors, including Mr Matika, in violation of the Municipal Structures Act and the Rules of Order. The absence of notice deprived councillors of their right to participate and debate, frustrating the objects of democratic local government and the audi alteram partem principle. The resolutions adopted at the meeting, including the removal of Mr Matika as Executive Mayor, were therefore unlawful and invalid. The court declined to compel the Acting Speaker to...

Court Disposition

The Democratic Alliance's application is dismissed with costs. Mr Matika's application succeeds; the meeting and all resolutions of 25 July 2018 are declared unlawful and set aside. Costs awarded on a party and party scale.

Orders

  • The Democratic Alliance's application in case no: 1858/18 is dismissed with costs (for Mr OM Matika and the Acting Speaker).
  • Mr OM Matika's application succeeds.