Nongoma Local Municipality and Others v MEC for Cooperative Governance and Traditional Affairs (KwaZulu-Natal) and Others (846/2023P) [2023] ZAKZPHC 73 (3 July 2023)

Nongoma Local Municipality and Others v MEC for Cooperative Governance and Traditional Affairs (KwaZulu-Natal) and Others (846/2023P) [2023] ZAKZPHC 73 (3 July 2023)

The court found that the jurisdictional facts for the MEC to invoke section 29(1A) of the Municipal Structures Act were present, as the Speaker had refused to call the meeting and the municipal manager was not authorized to do so. The MEC's decision was rational, lawful, and not vitiated by ulterior purpose or...

Source-derived case information.

Citation
[2023] ZAKZPHC 73
Parties
Applicant: Nongoma Local Municipality; Applicant: The Speaker: Cllr BW Zulu; Applicant: The Mayor: Cllr M A Mncwango; Applicant: The Municipal Manager: Mthandeni Zungu; Respondent: MEC for Cooperative Governance and Traditional Affairs (KwaZulu-Natal); Respondent: MP Phakade; Respondent: Cllr Milton Sokhela; Respondent: Cllr Londiwe Nomalungelo Buthelezi; Respondent: Cllr NM Mthembu; Respondent: Cllr CM Ndabandaba; Respondent: Cllr N Msomi; Respondent: Cllr N Xaba; Respondent: Cllr JC Mthimkhulu; Respondent: Cllr Mdluli; Respondent: Cllr N Ndwandwe; Respondent: Cllr ZN Sithole; Respondent: Cllr BH Sithole; Respondent: Cllr KM Dladla; Respondent: Cllr M E Ndwandwe; Respondent: Cllr NM Mchunu; Respondent: Cllr CSP Sithole; Respondent: Cllr NF Zungu; Respondent: Cllr N Manqele; Respondent: Cllr SM Zulu; Respondent: Cllr DJ Mtshali; Respondent: Cllr BS Mbatha; Respondent: Cllr BA Mcwango; Respondent: Cllr S V Nxumalo; Respondent: Cllr GS Nkosi; Respondent: Cllr NA Manqele; Respondent: Interested Parties (as listed in 'Schedule'); Respondent: National Minister of Cooperative Governance and Traditional Affairs
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
3 July 2023
Case Number
846/2023P
Procedural Posture
Urgent Application / Final Judgment Following Interim Relief and Rule Nisi Discharge
Outcome
Application for review dismissed; interim order discharged; no order as to costs.
Judges
Mathenjwa
Legal Topics
Municipal Structures Act, Jurisdictional Facts, Audi Alteram Partem, Rationality Review, Constitutional Challenge, Intergovernmental Relations
Administrative Law Constitutional Law Civil Procedure Municipal Structures Act Jurisdictional Facts Audi Alteram Partem Rationality Review Constitutional Challenge +1 more

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Parties

Nongoma Local Municipality

Applicant

The Speaker: Cllr BW Zulu

Applicant

The Mayor: Cllr M A Mncwango

Applicant

The Municipal Manager: Mthandeni Zungu

Applicant

MEC for Cooperative Governance and Traditional Affairs (KwaZulu-Natal)

Respondent

MP Phakade

Respondent

Cllr Milton Sokhela

Respondent

Cllr Londiwe Nomalungelo Buthelezi

Respondent

Cllr NM Mthembu

Respondent

Cllr CM Ndabandaba

Respondent

Cllr N Msomi

Respondent

Cllr N Xaba

Respondent

Cllr JC Mthimkhulu

Respondent

Cllr Mdluli

Respondent

Cllr N Ndwandwe

Respondent

Cllr ZN Sithole

Respondent

Cllr BH Sithole

Respondent

Cllr KM Dladla

Respondent

Cllr M E Ndwandwe

Respondent

Cllr NM Mchunu

Respondent

Cllr CSP Sithole

Respondent

Cllr NF Zungu

Respondent

Cllr N Manqele

Respondent

Cllr SM Zulu

Respondent

Cllr DJ Mtshali

Respondent

Cllr BS Mbatha

Respondent

Cllr BA Mcwango

Respondent

Cllr S V Nxumalo

Respondent

Cllr GS Nkosi

Respondent

Cllr NA Manqele

Respondent

Interested Parties (as listed in 'Schedule')

Respondent

National Minister of Cooperative Governance and Traditional Affairs

Respondent

Procedural Posture

Urgent Application / Final Judgment Following Interim Relief and Rule Nisi Discharge

Legal Issues

  1. 1 Whether jurisdictional facts existed for the MEC to invoke section 29(1A) of the Municipal Structures Act.
  2. 2 Whether the MEC's decision to designate a person to convene and chair the council meeting was lawful and rational.
  3. 3 Whether the audi alteram partem rule applied to the MEC's decision.

Ratio Decidendi

The court found that the jurisdictional facts for the MEC to invoke section 29(1A) of the Municipal Structures Act were present, as the Speaker had refused to call the meeting and the municipal manager was not authorized to do so. The MEC's decision was rational, lawful, and not vitiated by ulterior purpose or irrationality. The audi alteram partem rule did not apply to the MEC's executive action in this context. The constitutional challenge to section 29(1) and 29(1A) was not properly before the court, as it was introduced after the original relief was argued and did not arise from the founding papers or the record. Even if considered, the challenge failed because the provisions did not...

Court Disposition

Application for review dismissed; interim order discharged; no order as to costs.

Orders

  • The adjournment is refused.
  • The rule nisi is discharged.