Mokgope v Leepo and Another (UM180/22) [2023] ZANWHC 143 (17 August 2023)

Mokgope v Leepo and Another (UM180/22) [2023] ZANWHC 143 (17 August 2023)

The court found that the SALGA Standing Rules and Orders, which exclude weekends and public holidays from the calculation of notice periods, are binding on all municipalities for the sake of uniformity. The notice for the special Council meeting was issued on Friday, 23 September 2022, with the meeting scheduled for Monday, 26 September 2022. Since Saturday, 24 September 2022 was a public holiday and weekends are excluded, the required 48-hour notice period was not met. The meeting was therefore unlawfully convened. The court also noted the respondents' repeated disregard for previous court orders and the failure to make the meeting open to the public. As a result, the notice and meeting...

Citation
[2023] ZANWHC 143
Parties
Applicant: GG Mokgope; Respondent: Gloria Leepo; Respondent: Ratlou Local Municipality
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
17 August 2023
Case Number
UM180/22
Procedural Posture
Urgent Application / Final Judgment
Outcome
Application granted. The notice and meeting were declared unlawful and set aside. Costs awarded on attorney and own client scale against the second respondent.
Judges
Gura
Legal Topics
Municipal Meeting Procedure, Standing Rules of Order, Notice Requirements, Urgent Interdict
Administrative Law Civil Procedure Municipal Meeting Procedure Standing Rules of Order Notice Requirements Urgent Interdict

Case Brief

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Parties

GG Mokgope

Applicant

Gloria Leepo

Respondent

Ratlou Local Municipality

Respondent

Procedural Posture

Urgent Application / Final Judgment

Legal Issues

  1. 1 Whether the notice calling for a special Council meeting on 26 September 2022 complied with statutory and municipal rules regarding notice periods.
  2. 2 Whether the meeting was lawfully convened and open to the public as required.
  3. 3 Whether the applicant is entitled to urgent relief and costs on a punitive scale.

Ratio Decidendi

The court found that the SALGA Standing Rules and Orders, which exclude weekends and public holidays from the calculation of notice periods, are binding on all municipalities for the sake of uniformity. The notice for the special Council meeting was issued on Friday, 23 September 2022, with the meeting scheduled for Monday, 26 September 2022. Since Saturday, 24 September 2022 was a public holiday and weekends are excluded, the required 48-hour notice period was not met. The meeting was therefore unlawfully convened. The court also noted the respondents' repeated disregard for previous court orders and the failure to make the meeting open to the public. As a result, the notice and meeting...

Court Disposition

Application granted. The notice and meeting were declared unlawful and set aside. Costs awarded on attorney and own client scale against the second respondent.

Orders

  • The application is heard as one of urgency in accordance with Rule 6(12) of the Uniform Rules and the applicant's failure to comply with the rules relating to forms and service is condoned.
  • It is declared that the notice calling for a special Council meeting for 26 September 2022 at 10H00 issued by the first respondent is unlawful, invalid and is set aside.