Phokwane Local Municipality and Another v Mojaki and Another (487/2020) [2020] ZANCHC 54 (21 August 2020)

Phokwane Local Municipality and Another v Mojaki and Another (487/2020) [2020] ZANCHC 54 (21 August 2020)

The court found that urgency had already been determined by the urgent court and was not self-created. The respondents had consented to the granting of the rule nisi and were afforded an opportunity to oppose its confirmation. The administrator, appointed under section 139(1)(b) and section 139(5) of the Constitution, had locus standi to institute proceedings as he assumed the relevant executive obligations. Confirmation of the rule nisi did not amount to a final interdict but was an interim order pending the outcome of review proceedings. The applicants established a prima facie right, irreparable harm, balance of convenience in their favour, and absence of alternative remedy. The...

Citation
[2020] ZANCHC 54
Parties
Applicant: Phokwane Local Municipality; Applicant: The Administrator and Accounting Officer of the Phokwane Local Municipality; Respondent: Mojaki Mpho Sylvester; Respondent: The Phokwane Municipality Council
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
21 August 2020
Case Number
487/2020
Procedural Posture
Urgent Application / Extended Return Day of Rule Nisi; Confirmation of Interim Interdict Pending Review
Outcome
The rule nisi is confirmed as an interim order pending review. Costs are awarded against the respondents.
Judges
Mayet, AJ
Legal Topics
Municipal Intervention, Interim Interdict, Locus Standi, Urgent Application, Rule Nisi, Disciplinary Procedure
Administrative Law Civil Procedure Municipal Intervention Interim Interdict Locus Standi Urgent Application Rule Nisi Disciplinary Procedure

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Parties

Phokwane Local Municipality

Applicant

The Administrator and Accounting Officer of the Phokwane Local Municipality

Applicant

Mojaki Mpho Sylvester

Respondent

The Phokwane Municipality Council

Respondent

Procedural Posture

Urgent Application / Extended Return Day of Rule Nisi; Confirmation of Interim Interdict Pending Review

Legal Issues

  1. 1 Whether the applicants are entitled to confirmation of the rule nisi.
  2. 2 Whether the matter was urgent and urgency was not self-created.
  3. 3 Whether the administrator had locus standi to institute proceedings.

Ratio Decidendi

The court found that urgency had already been determined by the urgent court and was not self-created. The respondents had consented to the granting of the rule nisi and were afforded an opportunity to oppose its confirmation. The administrator, appointed under section 139(1)(b) and section 139(5) of the Constitution, had locus standi to institute proceedings as he assumed the relevant executive obligations. Confirmation of the rule nisi did not amount to a final interdict but was an interim order pending the outcome of review proceedings. The applicants established a prima facie right, irreparable harm, balance of convenience in their favour, and absence of alternative remedy. The...

Court Disposition

The rule nisi is confirmed as an interim order pending review. Costs are awarded against the respondents.

Orders

  • The rule nisi is confirmed.
  • The respondents are to pay the costs.