Montjane and Others v Moloto and Others (75993/13) [2014] ZAGPPHC 129 (20 February 2014)

Montjane and Others v Moloto and Others (75993/13) [2014] ZAGPPHC 129 (20 February 2014)

The court found that the applicants had established a prima facie right to their positions as municipal councillors, as their removal was based on disputed expulsions from the PAC without disciplinary hearings or supporting evidence. The swearing in of substitute councillors was imminent, and refusal of interim relief would result in irreparable harm to the applicants, including loss of livelihood and reputation. The respondents' argument that the matter was moot was rejected, as the legitimacy of the IEC's decisions was contested and the relief sought remained capable of providing effective redress. The balance of convenience favoured the applicants, and no adequate alternative remedy...

Citation
[2014] ZAGPPHC 129
Parties
Applicant: Mzwandile Montjane; Applicant: Aubrew Diapoleng Ngwatle; Applicant: Komosasa Jonas Moraba; Applicant: James Kgashane Monyela; Applicant: Alfred Toona Mathaba; Applicant: Mogoane Manchidi; Applicant: Frank Mono Maibelo; Applicant: Eugine Eugent Khoza; Respondent: Narius Moloto; Respondent: Pan Africanist Congress of Azania; Respondent: The Tshwane Metropolitan Municipality; Respondent: The Greater Tubatse Local Municipality; Respondent: The Maruleng Local Municipality; Respondent: The Makhuduthamaga Local Municipality; Respondent: The Ephraim Mogale Local Municipality; Respondent: The Musina Local Municipality; Respondent: The Mopani District Municipality; Respondent: Phala wa Phale Katshela; Respondent: Gert Masilela; Respondent: Mosotho Moepya N.O.; Respondent: The Chair Person of the Electoral Commission
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 February 2014
Case Number
75993/13
Procedural Posture
Urgent Application / Interim Interdict (part A)
Outcome
Interim interdict granted in favour of the applicants; status quo preserved.
Judges
Baqwa
Legal Topics
Municipal Councillor Removal, Interim Interdict, Party Membership Dispute, Local Government Structures Act
Administrative Law Civil Procedure Municipal Councillor Removal Interim Interdict Party Membership Dispute Local Government Structures Act

Case Brief

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Parties

Mzwandile Montjane

Applicant

Aubrew Diapoleng Ngwatle

Applicant

Komosasa Jonas Moraba

Applicant

James Kgashane Monyela

Applicant

Alfred Toona Mathaba

Applicant

Mogoane Manchidi

Applicant

Frank Mono Maibelo

Applicant

Eugine Eugent Khoza

Applicant

Narius Moloto

Respondent

Pan Africanist Congress of Azania

Respondent

The Tshwane Metropolitan Municipality

Respondent

The Greater Tubatse Local Municipality

Respondent

The Maruleng Local Municipality

Respondent

The Makhuduthamaga Local Municipality

Respondent

The Ephraim Mogale Local Municipality

Respondent

The Musina Local Municipality

Respondent

The Mopani District Municipality

Respondent

Phala wa Phale Katshela

Respondent

Gert Masilela

Respondent

Mosotho Moepya N.O.

Respondent

The Chair Person of the Electoral Commission

Respondent

Procedural Posture

Urgent Application / Interim Interdict (part A)

Legal Issues

  1. 1 Whether the applicants are entitled to interim relief preventing their substitution as municipal councillors.
  2. 2 Whether the expulsion or suspension of the applicants from the PAC was lawful and procedurally fair.
  3. 3 Whether the matter is moot given the replacement of most applicants on municipal councils.

Ratio Decidendi

The court found that the applicants had established a prima facie right to their positions as municipal councillors, as their removal was based on disputed expulsions from the PAC without disciplinary hearings or supporting evidence. The swearing in of substitute councillors was imminent, and refusal of interim relief would result in irreparable harm to the applicants, including loss of livelihood and reputation. The respondents' argument that the matter was moot was rejected, as the legitimacy of the IEC's decisions was contested and the relief sought remained capable of providing effective redress. The balance of convenience favoured the applicants, and no adequate alternative remedy...

Court Disposition

Interim interdict granted in favour of the applicants; status quo preserved.

Orders

  • An order is granted in terms of prayers 1, 2, 3, 4 and 5 of Part A of the Notice of Motion, preventing the swearing in of substitute councillors and preserving the applicants' positions pending further proceedings.