Khai-Ma Municipality v Groenwald (291/2009, 325/2009) [2009] ZANCHC 11 (3 April 2009)

Khai-Ma Municipality v Groenwald (291/2009, 325/2009) [2009] ZANCHC 11 (3 April 2009)

The court found that the special council meeting of 17 February 2009 was not convened in accordance with the statutory requirements of section 29(1) of the Municipal Structures Act, as the Speaker was not requested to convene the meeting and not all councillors were notified. The change of venue was not communicated to all councillors. Consequently, the meeting and all resolutions adopted thereat were declared unlawful, invalid, and void ab initio. The court declined to make a declaratory order regarding the fourth respondent's council membership, as his appeal against expulsion suspended the execution of the decision, and such matters are best left to the internal disciplinary processes...

Citation
[2009] ZANCHC 11
Parties
Applicant: Khai-Ma Municipality; Respondent: Magdalene Bruintjies Groenwald; Applicant: Khai-Ma Local Municipality; Applicant: Baker PJ; Applicant: Bruintjies Groenwald M; Respondent: Van Rooyen FXJ; Respondent: Van Rooi L; Respondent: Brandt S; Respondent: Gall M
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
3 April 2009
Case Number
291/2009, 325/2009
Procedural Posture
Review Application / Final Judgment After Hearing of Consolidated Applications
Outcome
Application in case no 291/2009 dismissed with costs against Mr. FXJ Van Rooyen de bonis propriis. Application in case no 325/2009 granted in part; special council meeting and resolutions declared unlawful, invalid, and void ab initio; no order as to costs.
Judges
H J Lacock, C C Williams
Legal Topics
Municipal Structures Act, Council Meeting Validity, Locus Standi, Declaratory Relief, Costs Orders
Administrative Law Civil Procedure Municipal Structures Act Council Meeting Validity Locus Standi Declaratory Relief Costs Orders

Case Brief

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Parties

Khai-Ma Municipality

Applicant

Magdalene Bruintjies Groenwald

Respondent

Khai-Ma Local Municipality

Applicant

Baker PJ

Applicant

Bruintjies Groenwald M

Applicant

Van Rooyen FXJ

Respondent

Van Rooi L

Respondent

Brandt S

Respondent

Gall M

Respondent

Procedural Posture

Review Application / Final Judgment After Hearing of Consolidated Applications

Legal Issues

  1. 1 Whether the special council meeting of 17 February 2009 was lawfully convened and constituted.
  2. 2 Whether the resolutions adopted at the meeting are valid and lawful.
  3. 3 Whether the fourth respondent ceased to be a councillor upon expulsion from the ANC.

Ratio Decidendi

The court found that the special council meeting of 17 February 2009 was not convened in accordance with the statutory requirements of section 29(1) of the Municipal Structures Act, as the Speaker was not requested to convene the meeting and not all councillors were notified. The change of venue was not communicated to all councillors. Consequently, the meeting and all resolutions adopted thereat were declared unlawful, invalid, and void ab initio. The court declined to make a declaratory order regarding the fourth respondent's council membership, as his appeal against expulsion suspended the execution of the decision, and such matters are best left to the internal disciplinary processes...

Court Disposition

Application in case no 291/2009 dismissed with costs against Mr. FXJ Van Rooyen de bonis propriis. Application in case no 325/2009 granted in part; special council meeting and resolutions declared unlawful, invalid, and void ab initio; no order as to costs.

Orders

  • The application in case no 291/2009 is dismissed.
  • Mr. FXJ Van Rooyen is ordered to pay the costs of the opposed application de bonis propriis.