Ingquza Hill Local Municipality & Another v Mdingi (1110/2019) [2021] ZASCA 75; [2021] 3 All SA 332 (SCA); 2023 (1) SA 70 (SCA) (10 June 2021)

Ingquza Hill Local Municipality & Another v Mdingi (1110/2019) [2021] ZASCA 75; [2021] 3 All SA 332 (SCA); 2023 (1) SA 70 (SCA) (10 June 2021)

The Supreme Court of Appeal held that the removal of Mr Mdingi as mayor did not comply with the requirements of section 53(1) of the Municipal Structures Act. The court found that no prior notice of the intended motion for removal was given to all councillors, nor was the motion properly placed on the agenda. The failure to provide notice frustrated the constitutional right of councillors to participate meaningfully in council proceedings. The motion was not unequivocal as to the removal of Mr Mdingi as a member of the executive committee, which is a statutory prerequisite for removal as mayor. The court affirmed that actions of the council must be consistent with the Constitution and the...

Citation
[2021] ZASCA 75
Parties
Appellant: Ingquza Hill Local Municipality; Appellant: Bambezakhe Goya; Respondent: Jongintaba Mdingi
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
10 June 2021
Case Number
1110/2019
Procedural Posture
Civil Appeal / Appeal From Eastern Cape Division of the High Court, Mthatha
Outcome
Appeal dismissed with costs, including costs occasioned by the employment of two counsel.
Judges
Petse, Zondi, Dlodlo, Ledwaba, Mabindla-Boqwana
Legal Topics
Municipal Structures Act, Removal of Mayor, Prior Notice Requirement, Audi Alteram Partem, Council Resolution, Constitutional Participation
Administrative Law Civil Procedure Municipal Structures Act Removal of Mayor Prior Notice Requirement Audi Alteram Partem Council Resolution Constitutional Participation

Case Brief

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Parties

Ingquza Hill Local Municipality

Appellant

Bambezakhe Goya

Appellant

Jongintaba Mdingi

Respondent

Procedural Posture

Civil Appeal / Appeal From Eastern Cape Division of the High Court, Mthatha

Legal Issues

  1. 1 Whether the removal of the respondent as mayor complied with the requirements of section 53(1) of the Local Government: Municipal Structures Act 117 of 1998.
  2. 2 Whether prior notice of the intention to move a motion for removal was properly given to all councillors as required by law.
  3. 3 Whether the council's actions were consistent with constitutional principles of participation and fairness.

Ratio Decidendi

The Supreme Court of Appeal held that the removal of Mr Mdingi as mayor did not comply with the requirements of section 53(1) of the Municipal Structures Act. The court found that no prior notice of the intended motion for removal was given to all councillors, nor was the motion properly placed on the agenda. The failure to provide notice frustrated the constitutional right of councillors to participate meaningfully in council proceedings. The motion was not unequivocal as to the removal of Mr Mdingi as a member of the executive committee, which is a statutory prerequisite for removal as mayor. The court affirmed that actions of the council must be consistent with the Constitution and the...

Court Disposition

Appeal dismissed with costs, including costs occasioned by the employment of two counsel.

Orders

  • The appeal is dismissed with costs, including costs occasioned by the employment of two counsel.