Jikijela and Another v Mhlontlo Local Municipal Council and Others (1698/10) [2011] ZAECMHC 7 (9 May 2011)

Jikijela and Another v Mhlontlo Local Municipal Council and Others (1698/10) [2011] ZAECMHC 7 (9 May 2011)

The court found that the applicants' delay in instituting review proceedings was sufficiently explained by their attempts to resolve the dispute through ANC structures, and that condonation for the late filing was justified. The exemption from exhausting internal remedies was granted as the internal ANC processes did not constitute the statutory remedies envisaged by section 62 of the Municipal Systems Act, and the application for exemption was not opposed. The court determined that the removal of the applicants from the EXCO occurred on 20 February 2009 without proper notice, in contravention of section 53 of the Municipal Structures Act. The respondent's version regarding notice and the...

Citation
[2011] ZAECMHC 7
Parties
Applicant: Mzimkhulu Jeremiah Jikijela; Applicant: Ruth Mandisa Giyose; Respondent: Mhlontlo Local Municipality Council; Respondent: Noziphiwo Songca; Respondent: Mbulelo Jara
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
9 May 2011
Case Number
1698/10
Procedural Posture
Review Application / Judgment
Outcome
Application granted: condonation for late filing, exemption from internal remedies, review and setting aside of removal, reinstatement, and costs awarded against the first respondent.
Judges
GNZ Mjali
Legal Topics
Promotion of Administrative Justice Act, Municipal Structures Act, Condonation for Late Filing, Internal Remedies Exemption, Review of Administrative Action
Administrative Law Civil Procedure Promotion of Administrative Justice Act Municipal Structures Act Condonation for Late Filing Internal Remedies Exemption Review of Administrative Action

Case Brief

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Parties

Mzimkhulu Jeremiah Jikijela

Applicant

Ruth Mandisa Giyose

Applicant

Mhlontlo Local Municipality Council

Respondent

Noziphiwo Songca

Respondent

Mbulelo Jara

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicants' failure to institute proceedings within 180 days should be condoned.
  2. 2 Whether the applicants are exempted from exhausting internal remedies under section 7(1) and 7(2)(c) of PAJA.
  3. 3 Whether the removal of the applicants from the Executive Committee (EXCO) was lawful and complied with section 53 of the Municipal Structures Act.

Ratio Decidendi

The court found that the applicants' delay in instituting review proceedings was sufficiently explained by their attempts to resolve the dispute through ANC structures, and that condonation for the late filing was justified. The exemption from exhausting internal remedies was granted as the internal ANC processes did not constitute the statutory remedies envisaged by section 62 of the Municipal Systems Act, and the application for exemption was not opposed. The court determined that the removal of the applicants from the EXCO occurred on 20 February 2009 without proper notice, in contravention of section 53 of the Municipal Structures Act. The respondent's version regarding notice and the...

Court Disposition

Application granted: condonation for late filing, exemption from internal remedies, review and setting aside of removal, reinstatement, and costs awarded against the first respondent.

Orders

  • The applicants' failure to institute proceedings within 180 days is condoned.
  • The applicants are exempted from exhausting any internal remedies as required by section 7(1) and 7(2)(c) of PAJA.