Saku v Ngaka Modiri Molema District Municipality and Others (1321/2013) [2014] ZANWHC 2 (16 January 2014)

Saku v Ngaka Modiri Molema District Municipality and Others (1321/2013) [2014] ZANWHC 2 (16 January 2014)

The Court found that the Council meeting of 16 July 2013 was not properly constituted due to the lack of a valid quorum, as the eight new Councillors were not lawfully appointed in accordance with the Municipal Structures Act and Standing Orders. The Municipal Manager did not declare vacancies to the IEC, and the IEC did not select replacements from the party lists. Consequently, the resolutions passed at the meeting, including the removal of the applicant as Councillor and Executive Mayor, were declared null and void. The applicant was entitled to reinstatement. The conduct of the third, fourth, and sixth respondents was found to be ultra vires and motivated by factional interests,...

Citation
[2014] ZANWHC 2
Parties
Applicant: Audrey Phaladi Saku; Respondent: Ngaka Modiri Molema District Municipality; Respondent: The Independent Electoral Commission; Respondent: Tebogo Ramashilabele; Respondent: Manko Priscilla Kanaite; Respondent: Nomsa Margaret Dube; Respondent: Tumelo Motswenyane; Respondent: G.S. Novolo
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
16 January 2014
Case Number
1321/2013
Procedural Posture
Urgent Application / Judgment After Hearing
Outcome
Application granted. Resolutions of 16 July 2013 declared null and void. Applicant reinstated as Councillor and Executive Mayor. Costs awarded against third, fourth, and sixth respondents in their personal capacities.
Judges
Kgoele
Legal Topics
Municipal Structures Act, Quorum Requirements, Ultra Vires Actions, Standing Orders Compliance, Reinstatement of Councillor
Administrative Law Civil Procedure Municipal Structures Act Quorum Requirements Ultra Vires Actions Standing Orders Compliance Reinstatement of Councillor

Case Brief

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Parties

Audrey Phaladi Saku

Applicant

Ngaka Modiri Molema District Municipality

Respondent

The Independent Electoral Commission

Respondent

Tebogo Ramashilabele

Respondent

Manko Priscilla Kanaite

Respondent

Nomsa Margaret Dube

Respondent

Tumelo Motswenyane

Respondent

G.S. Novolo

Respondent

Procedural Posture

Urgent Application / Judgment After Hearing

Legal Issues

  1. 1 Whether the Council meeting of 16 July 2013 was properly constituted and convened.
  2. 2 Whether the resolutions passed at the meeting, including the removal of the applicant as Councillor and Executive Mayor, are valid.
  3. 3 Whether the replacement and swearing in of eight new Councillors complied with statutory and procedural requirements.

Ratio Decidendi

The Court found that the Council meeting of 16 July 2013 was not properly constituted due to the lack of a valid quorum, as the eight new Councillors were not lawfully appointed in accordance with the Municipal Structures Act and Standing Orders. The Municipal Manager did not declare vacancies to the IEC, and the IEC did not select replacements from the party lists. Consequently, the resolutions passed at the meeting, including the removal of the applicant as Councillor and Executive Mayor, were declared null and void. The applicant was entitled to reinstatement. The conduct of the third, fourth, and sixth respondents was found to be ultra vires and motivated by factional interests,...

Court Disposition

Application granted. Resolutions of 16 July 2013 declared null and void. Applicant reinstated as Councillor and Executive Mayor. Costs awarded against third, fourth, and sixth respondents in their personal capacities.

Orders

  • The purported resolutions of the first respondent passed on 16 July 2013 are declared null and void and of no force and effect.
  • The appointment of Nomsa Margaret Dube by the IEC as Councillor in place of the applicant is set aside.