Odendaal and Another v Speaker Of The Nelson Mandela Metropolitan Municipality Council and Others (1284/2023) [2023] ZAECQBHC 26 (12 May 2023)

Odendaal and Another v Speaker Of The Nelson Mandela Metropolitan Municipality Council and Others (1284/2023) [2023] ZAECQBHC 26 (12 May 2023)

The court found that the applicants were entitled to interdictory relief because the council meeting could not lawfully consider motions of no-confidence in the absence of valid motions submitted in accordance with the municipality's rules. The urgency of the matter was established by the first respondent's failure to respond to the applicants' demand and the objective indications that the meeting would proceed unlawfully. The requirements for a final interdict were satisfied: the applicants had a clear right to lawful council proceedings, there was a reasonable apprehension of irreparable harm if unlawful motions were considered, and no alternative remedy was available. The first...

Citation
[2023] ZAECQBHC 26
Parties
Applicant: Retief Odendaal, Executive Mayor of the Nelson Mandela Metropolitan Municipality; Applicant: Democratic Alliance; Respondent: Speaker of the Nelson Mandela Metropolitan Municipality Council; Respondent: City Manager of the Nelson Mandela Bay Metropolitan Municipality; Respondent: African National Congress; Respondent: Economic Freedom Fighters; Respondent: Northen Alliance; Respondent: African Christian Democratic Party; Respondent: Freedom Front Plus; Respondent: Defenders of the People; Respondent: Patriotic Alliance; Respondent: Abantu Integrity Movement; Respondent: United Democratic Movement; Respondent: African Independence Congress; Respondent: GOOD; Respondent: Pan Africanist Congress of Azania
Court
Eastern Cape High Court, Gqeberha
Jurisdiction
South Africa
Judgment Date
12 May 2023
Case Number
1284/2023
Procedural Posture
Urgent Application / Judgment on Costs Following Withdrawal of Opposition
Outcome
Application for costs granted; first respondent ordered to pay costs of the application, including costs of two counsel where so employed.
Judges
OH Ronaasen
Legal Topics
Municipal Structures Act, Council Meeting Procedure, Interdictory Relief, Costs Award
Administrative Law Civil Procedure Municipal Structures Act Council Meeting Procedure Interdictory Relief Costs Award

Case Brief

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Parties

Retief Odendaal, Executive Mayor of the Nelson Mandela Metropolitan Municipality

Applicant

Democratic Alliance

Applicant

Speaker of the Nelson Mandela Metropolitan Municipality Council

Respondent

City Manager of the Nelson Mandela Bay Metropolitan Municipality

Respondent

African National Congress

Respondent

Economic Freedom Fighters

Respondent

Northen Alliance

Respondent

African Christian Democratic Party

Respondent

Freedom Front Plus

Respondent

Defenders of the People

Respondent

Patriotic Alliance

Respondent

Abantu Integrity Movement

Respondent

United Democratic Movement

Respondent

African Independence Congress

Respondent

GOOD

Respondent

Pan Africanist Congress of Azania

Respondent

Procedural Posture

Urgent Application / Judgment on Costs Following Withdrawal of Opposition

Legal Issues

  1. 1 Whether the first respondent acted lawfully in permitting motions of no-confidence to be considered at the council meeting without valid motions submitted in terms of the rules.
  2. 2 Whether the applicants were entitled to interdictory relief preventing the meeting from considering such motions.
  3. 3 Whether the first respondent should be ordered to pay the costs of the application.

Ratio Decidendi

The court found that the applicants were entitled to interdictory relief because the council meeting could not lawfully consider motions of no-confidence in the absence of valid motions submitted in accordance with the municipality's rules. The urgency of the matter was established by the first respondent's failure to respond to the applicants' demand and the objective indications that the meeting would proceed unlawfully. The requirements for a final interdict were satisfied: the applicants had a clear right to lawful council proceedings, there was a reasonable apprehension of irreparable harm if unlawful motions were considered, and no alternative remedy was available. The first...

Court Disposition

Application for costs granted; first respondent ordered to pay costs of the application, including costs of two counsel where so employed.

Orders

  • The first respondent is directed to pay the costs of the application, such costs to include the costs attendant on the employment of two counsel, where so employed.