Mothamaha and Another v Member of the Executive Council for the Department of Co-operative Governance and Traditional Affairs: Free State (LTA 23/2021) [2022] ZAFSHC 283 (25 October 2022)

Mothamaha and Another v Member of the Executive Council for the Department of Co-operative Governance and Traditional Affairs: Free State (LTA 23/2021) [2022] ZAFSHC 283 (25 October 2022)

The court found that the appointments and salary contracts of the Municipal Manager and Chief Financial Officer were unlawful and irregular, as they were not entered into in compliance with the resolutions of the Municipal Council, the relevant regulations, nor were they ratified by the Administrator or concurred by the MEC. The contracts were executed without proper authority, and the resultant salaries exceeded prescribed limits. The applicants failed to demonstrate any reasonable prospect of success on appeal, as the facts and law were thoroughly addressed in the initial judgment. The application for leave to appeal was therefore dismissed with costs.

Citation
[2022] ZAFSHC 283
Parties
Applicant: Futhuli Patric Mothamaha; Applicant: Matholase Jemena Mazinyo; Respondent: Member of the Executive Council for the Department of Co-operative Governance and Traditional Affairs: Free State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
25 October 2022
Case Number
LTA 23/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment on Review
Outcome
Application for leave to appeal dismissed with costs.
Judges
M Opperman, P Molitsoane
Legal Topics
Municipal Manager Appointment, Salary Regulation, Section 139 Intervention, Doctrine of Legality, Review of Administrative Action
Administrative Law Civil Procedure Municipal Manager Appointment Salary Regulation Section 139 Intervention Doctrine of Legality Review of Administrative Action

Case Brief

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Parties

Futhuli Patric Mothamaha

Applicant

Matholase Jemena Mazinyo

Applicant

Member of the Executive Council for the Department of Co-operative Governance and Traditional Affairs: Free State

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment on Review

Legal Issues

  1. 1 Whether the appointments and salary contracts of the Municipal Manager and Chief Financial Officer were lawful and regular under the applicable statutory and council frameworks.
  2. 2 Whether the contracts were entered into in compliance with the resolutions of the Municipal Council and the relevant regulations.
  3. 3 Whether the Administrator's ratification and the concurrence of the MEC were required and obtained for the appointments and salaries.

Ratio Decidendi

The court found that the appointments and salary contracts of the Municipal Manager and Chief Financial Officer were unlawful and irregular, as they were not entered into in compliance with the resolutions of the Municipal Council, the relevant regulations, nor were they ratified by the Administrator or concurred by the MEC. The contracts were executed without proper authority, and the resultant salaries exceeded prescribed limits. The applicants failed to demonstrate any reasonable prospect of success on appeal, as the facts and law were thoroughly addressed in the initial judgment. The application for leave to appeal was therefore dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.