Madyibi and Another v Minister of Water and Sanitation and Others (939/2020) [2024] ZAECMKHC 126 (19 November 2024)

Madyibi and Another v Minister of Water and Sanitation and Others (939/2020) [2024] ZAECMKHC 126 (19 November 2024)

The court found that the applicants' appointments to the Amatola Water Board did not comply with the mandatory nomination and secondment procedures set out in item 3(5) of Schedule 1 to the Water Services Act. The applicants failed to provide evidence of proper nomination or secondment, nor did they identify any persons who nominated them. This procedural defect was fatal to their case. The Minister was empowered under section 35(5) of the Act to terminate board membership, and exercised this power lawfully in response to the irregular appointments. The principle of legality was not breached, as the Minister acted within the bounds of the enabling statute. Consequently, the applicants...

Citation
[2024] ZAECMKHC 126
Parties
Applicant: Ntombizine Madyibi; Applicant: Maudline Mabi; Respondent: Minister of Water and Sanitation; Respondent: Director-General in the Department of Water and Sanitation; Respondent: Amatola Water; Respondent: The Board of Amatola Water Listed in Annexure “A”
Court
Eastern Cape High Court, Makhanda
Jurisdiction
South Africa
Judgment Date
19 November 2024
Case Number
939/2020
Procedural Posture
Review Application / Judgment
Outcome
Application dismissed with costs.
Judges
Zono AJ
Legal Topics
Legality of Administrative Action, Water Services Act, Board Appointments, Termination of Membership
Administrative Law Land and Property Legality of Administrative Action Water Services Act Board Appointments Termination of Membership

Case Brief

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Parties

Ntombizine Madyibi

Applicant

Maudline Mabi

Applicant

Minister of Water and Sanitation

Respondent

Director-General in the Department of Water and Sanitation

Respondent

Amatola Water

Respondent

The Board of Amatola Water Listed in Annexure “A”

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the Minister's termination of the applicants' membership of the Amatola Water Board was lawful.
  2. 2 Whether the appointments of the applicants complied with the nomination and appointment procedures under the Water Services Act.
  3. 3 Whether the applicants are entitled to reinstatement and damages following termination.

Ratio Decidendi

The court found that the applicants' appointments to the Amatola Water Board did not comply with the mandatory nomination and secondment procedures set out in item 3(5) of Schedule 1 to the Water Services Act. The applicants failed to provide evidence of proper nomination or secondment, nor did they identify any persons who nominated them. This procedural defect was fatal to their case. The Minister was empowered under section 35(5) of the Act to terminate board membership, and exercised this power lawfully in response to the irregular appointments. The principle of legality was not breached, as the Minister acted within the bounds of the enabling statute. Consequently, the applicants...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed.
  • The applicants are to pay the costs of the respondents.