Mlokoti v Amathole District Municipality and Another (1428/2008) [2008] ZAECHC 184; 2009 (6) SA 354 (ECD) ; [2009] 2 BLLR 168 (E); (2009) 30 ILJ 517 (E) (6 November 2008)

Mlokoti v Amathole District Municipality and Another (1428/2008) [2008] ZAECHC 184; 2009 (6) SA 354 (ECD) ; [2009] 2 BLLR 168 (E); (2009) 30 ILJ 517 (E) (6 November 2008)

The High Court has jurisdiction to review the appointment of a municipal manager where the applicant is an external candidate and does not rely on labour legislation. The council's decision to appoint the second respondent was unlawful and a nullity because no valid vote was taken, contrary to the requirements of the Constitution and the Local Government: Municipal Structures Act. Furthermore, the decision was improperly influenced by the ANC Regional Executive Committee, amounting to an unlawful abdication of the council's discretionary powers. The recruitment policy and statutory framework required the appointment of the best qualified and suited candidate, which was objectively the...

Citation
[2008] ZAECHC 184
Parties
Applicant: Vuyo Mlokoti; Respondent: Amathole District Municipality; Respondent: Mlamli Zenzile
Court
High Courts - Eastern Cape
Jurisdiction
South Africa
Judgment Date
6 November 2008
Case Number
1428/2008
Procedural Posture
Review Application / Final Judgment After Opposed Application
Outcome
Application granted; council's decision set aside and applicant appointed as Municipal Manager.
Judges
Pickering
Legal Topics
Municipal Manager Appointment, Promotion of Administrative Justice Act, Local Government Recruitment Policy, Jurisdiction of High Court, Unlawful Delegation, Procedural Fairness
Administrative Law Civil Procedure Labour Law Municipal Manager Appointment Promotion of Administrative Justice Act Local Government Recruitment Policy Jurisdiction of High Court Unlawful Delegation +1 more

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Parties

Vuyo Mlokoti

Applicant

Amathole District Municipality

Respondent

Mlamli Zenzile

Respondent

Procedural Posture

Review Application / Final Judgment After Opposed Application

Legal Issues

  1. 1 Whether the High Court has jurisdiction to review the appointment of a municipal manager where the applicant is an external candidate.
  2. 2 Whether the appointment of the second respondent as Municipal Manager was lawful and complied with the applicable recruitment policy and legislation.
  3. 3 Whether the council's decision was vitiated by procedural irregularity, including failure to vote and improper political interference.

Ratio Decidendi

The High Court has jurisdiction to review the appointment of a municipal manager where the applicant is an external candidate and does not rely on labour legislation. The council's decision to appoint the second respondent was unlawful and a nullity because no valid vote was taken, contrary to the requirements of the Constitution and the Local Government: Municipal Structures Act. Furthermore, the decision was improperly influenced by the ANC Regional Executive Committee, amounting to an unlawful abdication of the council's discretionary powers. The recruitment policy and statutory framework required the appointment of the best qualified and suited candidate, which was objectively the...

Court Disposition

Application granted; council's decision set aside and applicant appointed as Municipal Manager.

Orders

  • The decision of the first respondent on 17 June 2008 to appoint the second respondent as Municipal Manager is reviewed and set aside.
  • The decision of the first respondent not to appoint the applicant as Municipal Manager is reviewed and set aside.