Mmope v Madibeng Local Municipality (15337/2022) [2024] ZAGPJHC 629 (8 July 2024)

Mmope v Madibeng Local Municipality (15337/2022) [2024] ZAGPJHC 629 (8 July 2024)

The court found that the decision to abandon the appointment process and readvertise the municipal manager position did not constitute administrative action as envisaged in PAJA, as it falls under the exclusion for executive powers or functions of a municipal council. However, due to ongoing uncertainty and conflicting judgments regarding whether such appointments constitute administrative action, and the Constitutional Court's refusal to decide the issue in a recent case, the court held that there is a compelling reason for leave to appeal. The outcome of the appeal may affect the entire judgment, and therefore leave to appeal is granted to the Supreme Court of Appeal, excluding the cost...

Citation
[2024] ZAGPJHC 629
Parties
Applicant: Motlalekgomo Goggy Mmope; Respondent: Madibeng Local Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
8 July 2024
Case Number
15337/2022
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Under Section 17 of the Superior Courts Act
Outcome
Leave to appeal is granted to the applicant against the order dismissing the application, to the Supreme Court of Appeal, with costs of the application for leave to appeal to be costs in the appeal.
Judges
Strydom
Legal Topics
Administrative Action Definition, Municipal Manager Appointment, Leave to Appeal, Paja Exclusion
Administrative Law Civil Procedure Administrative Action Definition Municipal Manager Appointment Leave to Appeal Paja Exclusion

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Parties

Motlalekgomo Goggy Mmope

Applicant

Madibeng Local Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Under Section 17 of the Superior Courts Act

Legal Issues

  1. 1 Whether the decision to abandon the appointment process and readvertise the position of municipal manager constitutes administrative action under PAJA.
  2. 2 Whether there is a compelling reason for leave to appeal given conflicting judgments on the nature of municipal manager appointments.

Ratio Decidendi

The court found that the decision to abandon the appointment process and readvertise the municipal manager position did not constitute administrative action as envisaged in PAJA, as it falls under the exclusion for executive powers or functions of a municipal council. However, due to ongoing uncertainty and conflicting judgments regarding whether such appointments constitute administrative action, and the Constitutional Court's refusal to decide the issue in a recent case, the court held that there is a compelling reason for leave to appeal. The outcome of the appeal may affect the entire judgment, and therefore leave to appeal is granted to the Supreme Court of Appeal, excluding the cost...

Court Disposition

Leave to appeal is granted to the applicant against the order dismissing the application, to the Supreme Court of Appeal, with costs of the application for leave to appeal to be costs in the appeal.

Orders

  • Leave to appeal is granted to the applicant to appeal against the order dismissing the application.
  • Leave to appeal is granted to the Supreme Court of Appeal.