Mpemba and Another v Lukhanji Municipality and Others (902/2009) [2009] ZAECGHC 25 (6 May 2009)

Mpemba and Another v Lukhanji Municipality and Others (902/2009) [2009] ZAECGHC 25 (6 May 2009)

The application was rendered moot by the ANC's last-minute withdrawal of the expulsion, and no substantive relief was sought against any respondent. The applicants failed to establish a prima facie right to interim relief against the municipality or its manager, as their actions were governed by statute and not shown to be unlawful. The applicants were ordered to pay the costs of the municipality and its manager, jointly and severally, as they were unsuccessful in their opposition. The issue of costs against the ANC was reserved for later determination, given the uncertainty arising from the settlement correspondence.

Citation
[2009] ZAECGHC 25
Parties
Applicant: Samuel Duncan Mpemba; Applicant: Nomazotsho Kopolo; Respondent: Lukhanji Municipality; Respondent: Municipal Manager, Lukhanji Municipality; Respondent: African National Congress, Chris Hani Region; Respondent: Independent Electoral Commission
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
6 May 2009
Case Number
902/2009
Procedural Posture
Urgent Application / Application for Interim Interdict Pending Review; Withdrawn After Expulsion Rescinded
Outcome
Application withdrawn; applicants ordered to pay costs of municipality and municipal manager; costs against ANC reserved for later determination.
Judges
Jones
Legal Topics
Interim Interdict, Expulsion From Political Party, Municipal Structures Act, Procedural Fairness, Costs Award
Administrative Law Civil Procedure Interim Interdict Expulsion From Political Party Municipal Structures Act Procedural Fairness Costs Award

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Samuel Duncan Mpemba

Applicant

Nomazotsho Kopolo

Applicant

Lukhanji Municipality

Respondent

Municipal Manager, Lukhanji Municipality

Respondent

African National Congress, Chris Hani Region

Respondent

Independent Electoral Commission

Respondent

Procedural Posture

Urgent Application / Application for Interim Interdict Pending Review; Withdrawn After Expulsion Rescinded

Legal Issues

  1. 1 Whether the applicants' expulsion from the ANC and consequent removal as councillors was procedurally fair and lawful.
  2. 2 Whether the requirements for an interim interdict pending review were met against the municipality and its officials.
  3. 3 Whether the applicants or the ANC should bear the costs of the application after the expulsion was rescinded.

Ratio Decidendi

The application was rendered moot by the ANC's last-minute withdrawal of the expulsion, and no substantive relief was sought against any respondent. The applicants failed to establish a prima facie right to interim relief against the municipality or its manager, as their actions were governed by statute and not shown to be unlawful. The applicants were ordered to pay the costs of the municipality and its manager, jointly and severally, as they were unsuccessful in their opposition. The issue of costs against the ANC was reserved for later determination, given the uncertainty arising from the settlement correspondence.

Court Disposition

Application withdrawn; applicants ordered to pay costs of municipality and municipal manager; costs against ANC reserved for later determination.

Orders

  • The applicants are ordered to pay the 1st and 2nd respondents' costs jointly and severally, the one paying the other to be absolved.
  • The issue of the applicants' and the 1st and 2nd respondents' entitlement to a costs order against the 3rd respondent is reserved and may be set down for hearing by any interested party on 10 days' notice to the other parties.