Molatseli v Speaker: Dihlabeng Local Municipality and Others (1041/2021) [2022] ZAFSHC 277 (10 October 2022)

Molatseli v Speaker: Dihlabeng Local Municipality and Others (1041/2021) [2022] ZAFSHC 277 (10 October 2022)

The court found that the meeting of 9 February 2022 convened by the Mayor was unlawful, and all resolutions taken at that meeting, including the appointment of the Fifth Respondent as Acting Municipal Manager and the placement of the applicant on special leave, were invalid and must be set aside. The applicant,...

Source-derived case information.

Citation
[2022] ZAFSHC 277
Parties
Applicant: B P Molatseli; Respondent: Speaker: Dihlabeng Local Municipality; Respondent: Dihlabeng Local Municipality; Respondent: Executive Mayor: Dihlabeng Local Municipality; Respondent: MEC: Free State Provincial Government: Department of Cooperative Governance and Traditional Affairs; Respondent: M A B Mosima
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
10 October 2022
Case Number
1041/2021
Procedural Posture
Review Application / Final Judgment on Opposed Review Application Following Interim Relief
Outcome
The council meeting of 9 February 2022 and all decisions taken thereat are reviewed and set aside. Each party shall bear their own costs for both the interim and review proceedings.
Judges
P E Molitsoane, J P Daffue
Legal Topics
Municipal Manager Appointment, Council Meeting Validity, Costs Award Discretion, Non Joinder, Municipal Structures Act
Administrative Law Civil Procedure Municipal Manager Appointment Council Meeting Validity Costs Award Discretion Non Joinder Municipal Structures Act

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Parties

B P Molatseli

Applicant

Speaker: Dihlabeng Local Municipality

Respondent

Dihlabeng Local Municipality

Respondent

Executive Mayor: Dihlabeng Local Municipality

Respondent

MEC: Free State Provincial Government: Department of Cooperative Governance and Traditional Affairs

Respondent

M A B Mosima

Respondent

Procedural Posture

Review Application / Final Judgment on Opposed Review Application Following Interim Relief

Legal Issues

  1. 1 Whether the council meeting of 9 February 2022 convened by the Mayor was lawful.
  2. 2 Whether the resolutions taken at the impugned meeting should be reviewed and set aside.
  3. 3 Whether the applicant is entitled to costs against the Municipality.

Ratio Decidendi

The court found that the meeting of 9 February 2022 convened by the Mayor was unlawful, and all resolutions taken at that meeting, including the appointment of the Fifth Respondent as Acting Municipal Manager and the placement of the applicant on special leave, were invalid and must be set aside. The applicant, although successful on the merits, acted in conflict by depriving the Municipality of legal representation and failed to arrange for the Council to decide on further legal steps, thereby acting mala fide. The court held that the applicant is not entitled to costs against the Municipality. The Mayor and Fifth Respondent did not act in their personal capacities but as part of the...

Court Disposition

The council meeting of 9 February 2022 and all decisions taken thereat are reviewed and set aside. Each party shall bear their own costs for both the interim and review proceedings.

Orders

  • The council meeting of 9 February 2022 which commenced at 12h00 and all decisions taken thereat are reviewed and set aside.
  • Each party shall bear their own costs in respect of Part A of the proceedings as well as the further proceedings pertaining to the review application.