Letsema Plaaslike Munisipaliteit and Another v Masekoane and Others [2009] ZAFSHC 18 (26 February 2009)

Letsema Plaaslike Munisipaliteit and Another v Masekoane and Others [2009] ZAFSHC 18 (26 February 2009)

The court found that the second applicant was lawfully appointed by the first applicant to represent it on the council of the second respondent. The appointment was unanimous and did not require an election, and the third respondent had no statutory function in the process. The procedures followed were in accordance with the Municipal Structures Act, and the second respondent acknowledged the appointment. The court rejected the argument that the first respondent's appointment under section 139(1)(b) of the Constitution rendered the second applicant's appointment invalid, finding that the intervention did not affect the council's power to appoint representatives. The application to amend...

Citation
[2009] ZAFSHC 18
Parties
Applicant: Letsemeng Plaaslike Munisipaliteit; Applicant: Mufi Jerry Molusi; Respondent: Kadimo Masekoane; Respondent: Xhariep Distriks Munisipaliteit; Respondent: Hoof Verkiesingsbeampte Vrystaat Provinsie
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
26 February 2009
Case Number
7388/2008
Procedural Posture
Urgent Application / Application for Declaratory Relief and Costs Order
Outcome
Application granted in part; amendment to notice of motion dismissed; declaratory relief and costs order granted.
Judges
S. P. B. Hancke, R
Legal Topics
Municipal Structures Act, Appointment of Councillors, Declaratory Relief, Costs Order
Administrative Law Civil Procedure Municipal Structures Act Appointment of Councillors Declaratory Relief Costs Order

Case Brief

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Parties

Letsemeng Plaaslike Munisipaliteit

Applicant

Mufi Jerry Molusi

Applicant

Kadimo Masekoane

Respondent

Xhariep Distriks Munisipaliteit

Respondent

Hoof Verkiesingsbeampte Vrystaat Provinsie

Respondent

Procedural Posture

Urgent Application / Application for Declaratory Relief and Costs Order

Legal Issues

  1. 1 Whether the second applicant was lawfully appointed by the first applicant to represent it on the council of the second respondent.
  2. 2 Whether the first respondent's appointment under section 139(1)(b) of the Constitution was valid.
  3. 3 Whether the procedures for the appointment of the second applicant were properly followed.

Ratio Decidendi

The court found that the second applicant was lawfully appointed by the first applicant to represent it on the council of the second respondent. The appointment was unanimous and did not require an election, and the third respondent had no statutory function in the process. The procedures followed were in accordance with the Municipal Structures Act, and the second respondent acknowledged the appointment. The court rejected the argument that the first respondent's appointment under section 139(1)(b) of the Constitution rendered the second applicant's appointment invalid, finding that the intervention did not affect the council's power to appoint representatives. The application to amend...

Court Disposition

Application granted in part; amendment to notice of motion dismissed; declaratory relief and costs order granted.

Orders

  • The applicants' application to amend the notice of motion is dismissed with costs.
  • The rule nisi is confirmed.