Reddy and Others v Minister of Human Settlemens, Water and Sanitation and Others (5167/2020) [2021] ZAKZPHC 100 (21 October 2021)

Reddy and Others v Minister of Human Settlemens, Water and Sanitation and Others (5167/2020) [2021] ZAKZPHC 100 (21 October 2021)

The court found that the Minister's power to appoint and terminate Board members is sourced from the Water Services Act, not the Constitution, making the decision administrative action subject to PAJA. The Minister failed to apply the audi alteram partem principle, as the Board members were not given notice or an...

Source-derived case information.

Citation
[2021] ZAKZPHC 100
Parties
Applicant: Visvin Gopal Reddy; Applicant: Siboniso Shabalala; Applicant: William Mapena; Applicant: Teboho Nkhahle; Applicant: Nompumelelo Chamane; Applicant: Mbali Thulile Barbara Ndlovu; Applicant: Simosenkosi Wiseman Chamane; Applicant: Suleman Sadat; Applicant: Thandwa Zizwe Mthembu; Respondent: Minister of Human Settlements, Water and Sanitation; Respondent: Members of the Interim Board listed in Annexure "A"; Respondent: Umgeni Water
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
21 October 2021
Case Number
5167/2020
Procedural Posture
Review Application / Final Judgment on Merits
Outcome
Application granted. The Minister's decisions to terminate the Board and appoint the interim Board are declared unlawful and set aside.
Judges
Bezuidenhout
Legal Topics
Promotion of Administrative Justice Act, Audi Alteram Partem, Ministerial Discretion, Termination of Board Membership, Legality Review
Administrative Law Civil Procedure Promotion of Administrative Justice Act Audi Alteram Partem Ministerial Discretion Termination of Board Membership Legality Review

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Parties

Visvin Gopal Reddy

Applicant

Siboniso Shabalala

Applicant

William Mapena

Applicant

Teboho Nkhahle

Applicant

Nompumelelo Chamane

Applicant

Mbali Thulile Barbara Ndlovu

Applicant

Simosenkosi Wiseman Chamane

Applicant

Suleman Sadat

Applicant

Thandwa Zizwe Mthembu

Applicant

Minister of Human Settlements, Water and Sanitation

Respondent

Members of the Interim Board listed in Annexure "A"

Respondent

Umgeni Water

Respondent

Procedural Posture

Review Application / Final Judgment on Merits

Legal Issues

  1. 1 Whether the Minister's decision to terminate the appointments of Umgeni Water Board members was lawful and reviewable.
  2. 2 Whether the Minister's decision constituted administrative or executive action.
  3. 3 Whether the audi alteram partem principle was violated in the termination process.

Ratio Decidendi

The court found that the Minister's power to appoint and terminate Board members is sourced from the Water Services Act, not the Constitution, making the decision administrative action subject to PAJA. The Minister failed to apply the audi alteram partem principle, as the Board members were not given notice or an opportunity to make submissions before their appointments were terminated. The only reason provided for termination was lack of Cabinet approval, which is not a statutory requirement under the Water Services Act. The appointment of the interim Board was also not approved by Cabinet and not provided for in the Act. Even if the decision were considered a legality review, the...

Court Disposition

Application granted. The Minister's decisions to terminate the Board and appoint the interim Board are declared unlawful and set aside.

Orders

  • The First Respondent's decision communicated on 3 August 2020 to disband Umgeni Water Board is declared unlawful and reviewed and set aside.
  • The decision of the First Respondent to appoint an interim Board is declared unlawful and reviewed and set aside.