Ndaba v Mavundla and Others (18155/2023P) [2023] ZAKZPHC 155 (20 December 2023)

Ndaba v Mavundla and Others (18155/2023P) [2023] ZAKZPHC 155 (20 December 2023)

The court held that the suspension of the applicant by the municipal council remains in force until revoked by the council itself, as the mayor does not have the authority to unilaterally withdraw such suspension. The appointment of the Acting Municipal Manager was valid as it was effected by the council. The intervention applications brought by Majozi and Dlamini and others must be properly opposed, and the respondents are entitled to file answering affidavits, with the applicants in those applications entitled to reply. The matter is adjourned to allow for the filing of these affidavits, and costs are reserved.

Citation
[2023] ZAKZPHC 155
Parties
Applicant: Noxolo Precious Ndaba; Respondent: Philani Godfrey Mavundla; Respondent: Umvoti Local Municipality; Respondent: Bongiwe Mchunu; Respondent: Sibusiso Lukhele; Respondent: Independent Electoral Commission
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
20 December 2023
Case Number
18155/2023P
Procedural Posture
Urgent Application / Interlocutory: Intervention Applications and Interim Relief Pending Review
Outcome
The matter is adjourned to 12 January 2024 to allow for the filing of answering and replying affidavits in respect of the intervention applications. Costs are reserved.
Judges
P C Bezuidenhout
Legal Topics
Municipal Manager Suspension, Intervention Application, Precautionary Suspension, Local Government Disciplinary Regulations
Administrative Law Civil Procedure Municipal Manager Suspension Intervention Application Precautionary Suspension Local Government Disciplinary Regulations

Case Brief

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Parties

Noxolo Precious Ndaba

Applicant

Philani Godfrey Mavundla

Respondent

Umvoti Local Municipality

Respondent

Bongiwe Mchunu

Respondent

Sibusiso Lukhele

Respondent

Independent Electoral Commission

Respondent

Procedural Posture

Urgent Application / Interlocutory: Intervention Applications and Interim Relief Pending Review

Legal Issues

  1. 1 Whether the precautionary suspension of the applicant by the municipal council was lawful and valid.
  2. 2 Whether the appointment of the Acting Municipal Manager was valid.
  3. 3 Whether the intervention applications by Majozi and Dlamini and others should be allowed.

Ratio Decidendi

The court held that the suspension of the applicant by the municipal council remains in force until revoked by the council itself, as the mayor does not have the authority to unilaterally withdraw such suspension. The appointment of the Acting Municipal Manager was valid as it was effected by the council. The intervention applications brought by Majozi and Dlamini and others must be properly opposed, and the respondents are entitled to file answering affidavits, with the applicants in those applications entitled to reply. The matter is adjourned to allow for the filing of these affidavits, and costs are reserved.

Court Disposition

The matter is adjourned to 12 January 2024 to allow for the filing of answering and replying affidavits in respect of the intervention applications. Costs are reserved.

Orders

  • The matter in respect of the intervention applications and the main application is adjourned to 12 January 2024.
  • First, Second and Third Respondents are to file their answering affidavit opposing the intervention applications by 8 January 2024.