Mahapane and Others v Mohokare Local Municipality and Others (4913/2022) [2022] ZAFSHC 344 (6 December 2022)

Mahapane and Others v Mohokare Local Municipality and Others (4913/2022) [2022] ZAFSHC 344 (6 December 2022)

The court found that the Speaker and Mayor of Mohokare Local Municipality unlawfully appointed the Fourth Respondent as Municipal Manager without a valid Council resolution, failed to follow proper procedures, and acted with deliberate disregard for legal requirements. Their conduct was reckless, negligent, and constituted an abuse of power. The applicants were compelled to approach the court due to the respondents' obstructive and contemptuous behaviour, including failure to comply with court orders and withholding of relevant documents. The court held that costs should be paid by the Municipality, and the Council must investigate whether costs should be recovered from the responsible...

Citation
[2022] ZAFSHC 344
Parties
Applicant: Pule Mahapane; Applicant: Teboho Mochechepa; Applicant: Thabiso Emmanuel Na; Applicant: Tsepo November; Respondent: Mohokare Local Municipality; Respondent: Speaker of the Council of Mohokare Local Municipality: Mr RJ Thulo; Respondent: Mayor of Mohokare Local Municipality: Mr Zingesi Mgawuli; Respondent: Molatelo Johannes Kanwendo; Respondent: Phakamisa Dyonase; Respondent: Member of the Executive Council for the Free State Department of Governance & Traditional Affairs
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
6 December 2022
Case Number
4913/2022
Procedural Posture
Urgent Application / Costs Determination Following Urgent Interdict and Regulatory Orders
Outcome
Application granted. Costs awarded against the First Respondent. Council directed to investigate recovery of costs from political office bearers.
Judges
Opperman
Legal Topics
Municipal Manager Appointment, Abuse of Power, Individual Liability for Costs, Local Government Regulation, Urgent Interdict, Municipal Finance Management Act
Administrative Law Civil Procedure Municipal Manager Appointment Abuse of Power Individual Liability for Costs Local Government Regulation Urgent Interdict Municipal Finance Management Act

Case Brief

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Parties

Pule Mahapane

Applicant

Teboho Mochechepa

Applicant

Thabiso Emmanuel Na

Applicant

Tsepo November

Applicant

Mohokare Local Municipality

Respondent

Speaker of the Council of Mohokare Local Municipality: Mr RJ Thulo

Respondent

Mayor of Mohokare Local Municipality: Mr Zingesi Mgawuli

Respondent

Molatelo Johannes Kanwendo

Respondent

Phakamisa Dyonase

Respondent

Member of the Executive Council for the Free State Department of Governance & Traditional Affairs

Respondent

Procedural Posture

Urgent Application / Costs Determination Following Urgent Interdict and Regulatory Orders

Legal Issues

  1. 1 Whether the appointment of the Municipal Manager was unlawful and procedurally defective.
  2. 2 Whether the Speaker and Mayor of Mohokare Local Municipality abused their powers and acted recklessly and negligently.
  3. 3 Whether individual liability for costs should be imposed on municipal office bearers for unlawful conduct.

Ratio Decidendi

The court found that the Speaker and Mayor of Mohokare Local Municipality unlawfully appointed the Fourth Respondent as Municipal Manager without a valid Council resolution, failed to follow proper procedures, and acted with deliberate disregard for legal requirements. Their conduct was reckless, negligent, and constituted an abuse of power. The applicants were compelled to approach the court due to the respondents' obstructive and contemptuous behaviour, including failure to comply with court orders and withholding of relevant documents. The court held that costs should be paid by the Municipality, and the Council must investigate whether costs should be recovered from the responsible...

Court Disposition

Application granted. Costs awarded against the First Respondent. Council directed to investigate recovery of costs from political office bearers.

Orders

  • The First Respondent is ordered to pay the costs of this case including the wasted costs incurred on 3 November 2022.
  • The Council of the First Respondent is directed to investigate and determine whether, in terms of section 176(2) of the Local Government: Municipal Finance Management Act 56 of 2003, the costs ordered above should be recovered from any political office bearers and officials.