Rolf and Others v Acting Municipal Manager of the !Kheis Local Municipality and Others (1929/2023) [2023] ZANCHC 84 (20 November 2023)

Rolf and Others v Acting Municipal Manager of the !Kheis Local Municipality and Others (1929/2023) [2023] ZANCHC 84 (20 November 2023)

The court found that the meeting of 14 September 2023 was lawfully adjourned by the Speaker, and any subsequent meeting or decisions taken without proper notice to all councillors were procedurally invalid. The respondents' version that the applicants staged a walkout was rejected, as the minutes confirmed the adjournment. The removal of the Mayor and Speaker and the election of replacements were not compliant with statutory requirements, including notice and eligibility. The principle that administrative acts remain effective until set aside was applied, but the court held that self-help and disregard for due process cannot be condoned. The requirements for interim interdict were met:...

Citation
[2023] ZANCHC 84
Parties
Applicant: Rolf Walton Mondrey Christie; Applicant: Koos Esau; Applicant: Jurgens Jooste; Applicant: Paul Vries; Applicant: Mervin Malgas; Respondent: Acting Municipal Manager of the !Kheis Local Municipality; Respondent: John Balies; Respondent: Davy Jacobs; Respondent: Karel Shaun Boer; Respondent: Jessica Lodewyk; Respondent: Hendrik Phillipus Van Wyk; Respondent: Anisia Jacoba Ludick; Respondent: Council of the !Kheis Local Municipality; Respondent: !Kheis Local Municipality; Respondent: MEC for Cooperative Governance and Traditional Affairs, Northern Cape
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
20 November 2023
Case Number
1929/2023
Procedural Posture
Urgent Application / Part A: Interim Interdict Pending Review (part B)
Outcome
Interim interdict granted; impugned decisions suspended pending review. Costs of Part A awarded against first, second, and third respondents jointly and severally.
Judges
Mamosebo
Legal Topics
Municipal Structures Act, Interim Interdict, Audi Alteram Partem, Council Proceedings, Removal of Mayor and Speaker
Administrative Law Civil Procedure Municipal Structures Act Interim Interdict Audi Alteram Partem Council Proceedings Removal of Mayor and Speaker

Case Brief

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Parties

Rolf Walton Mondrey Christie

Applicant

Koos Esau

Applicant

Jurgens Jooste

Applicant

Paul Vries

Applicant

Mervin Malgas

Applicant

Acting Municipal Manager of the !Kheis Local Municipality

Respondent

John Balies

Respondent

Davy Jacobs

Respondent

Karel Shaun Boer

Respondent

Jessica Lodewyk

Respondent

Hendrik Phillipus Van Wyk

Respondent

Anisia Jacoba Ludick

Respondent

Council of the !Kheis Local Municipality

Respondent

!Kheis Local Municipality

Respondent

MEC for Cooperative Governance and Traditional Affairs, Northern Cape

Respondent

Procedural Posture

Urgent Application / Part A: Interim Interdict Pending Review (part B)

Legal Issues

  1. 1 Whether the reconvened council meeting after adjournment by the Speaker was lawfully constituted.
  2. 2 Whether the removal of the Mayor and Speaker and subsequent appointments were valid in terms of statutory and procedural requirements.
  3. 3 Whether the applicants are entitled to interim interdictory relief pending review.

Ratio Decidendi

The court found that the meeting of 14 September 2023 was lawfully adjourned by the Speaker, and any subsequent meeting or decisions taken without proper notice to all councillors were procedurally invalid. The respondents' version that the applicants staged a walkout was rejected, as the minutes confirmed the adjournment. The removal of the Mayor and Speaker and the election of replacements were not compliant with statutory requirements, including notice and eligibility. The principle that administrative acts remain effective until set aside was applied, but the court held that self-help and disregard for due process cannot be condoned. The requirements for interim interdict were met:...

Court Disposition

Interim interdict granted; impugned decisions suspended pending review. Costs of Part A awarded against first, second, and third respondents jointly and severally.

Orders

  • Non-compliance with Uniform Rules of Court relating to forms, service and time periods is condoned; application dealt with as urgent.
  • Respondents interdicted from taking any decisions or actions pursuant to the decisions taken on 14 September 2023 after the meeting was adjourned by the Speaker, including removal and appointment of Mayor and Speaker.