Speaker: OR Tambo District Municipality and Others v Premier of the Eastern Cape and Others (3809/2021) [2021] ZAECMHC 36 (25 October 2021)

Speaker: OR Tambo District Municipality and Others v Premier of the Eastern Cape and Others (3809/2021) [2021] ZAECMHC 36 (25 October 2021)

The court found that the decision to dissolve the OR Tambo District Municipal Council under section 139(1)(c) of the Constitution was irrational and not supported by the required factual basis of ongoing failure. The respondents failed to contest the review application on its merits and did not provide evidence to...

Source-derived case information.

Citation
[2021] ZAECMHC 36
Parties
Applicant: THE SPEAKER: OR TAMBO DISTRICT MUNICIPALITY; Applicant: OR TAMBO DISTRICT MUNICIPALITY; Applicant: ROBERT NOGUMLA; Applicant: NOMPUMELELO GCININDAWO; Applicant: ZIZIPHO BOKWE; Applicant: ZEMEMVULA GUSANA; Applicant: UNATHI MALGAS; Respondent: THE PREMIER OF THE EASTERN CAPE; Respondent: THE MEC FOR LOCAL GOVERNMENT & TRADITIONAL AFFAIRS; Respondent: THE EXECUTIVE COUNCIL OF THE EASTERN CAPE; Respondent: THE MINISTER FOR LOCAL GOVERNMENT & TRADITIONAL AFFAIRS; Respondent: THE CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES; Respondent: BASIL MASE N.O.; Respondent: THE PROVINCIAL SECRETARY OF THE EASTERN CAPE
Court
Eastern Cape High Court, Mthatha
Jurisdiction
South Africa
Judgment Date
25 October 2021
Case Number
3809/2021
Procedural Posture
Review Application / Reasons for Judgment Following Urgent Review and Contempt Applications
Outcome
The review application was granted; the decision to dissolve the OR Tambo District Municipal Council was reviewed and set aside. The contempt application was dismissed with costs.
Judges
Rugunanan
Legal Topics
Section 139 Intervention, Municipal Dissolution, Principle of Legality, Contempt of Court, Functus Officio, Costs Award
Constitutional Law Administrative Law Civil Procedure Section 139 Intervention Municipal Dissolution Principle of Legality Contempt of Court Functus Officio +1 more

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Parties

THE SPEAKER: OR TAMBO DISTRICT MUNICIPALITY

Applicant

OR TAMBO DISTRICT MUNICIPALITY

Applicant

ROBERT NOGUMLA

Applicant

NOMPUMELELO GCININDAWO

Applicant

ZIZIPHO BOKWE

Applicant

ZEMEMVULA GUSANA

Applicant

UNATHI MALGAS

Applicant

THE PREMIER OF THE EASTERN CAPE

Respondent

THE MEC FOR LOCAL GOVERNMENT & TRADITIONAL AFFAIRS

Respondent

THE EXECUTIVE COUNCIL OF THE EASTERN CAPE

Respondent

THE MINISTER FOR LOCAL GOVERNMENT & TRADITIONAL AFFAIRS

Respondent

THE CHAIRPERSON OF THE NATIONAL COUNCIL OF PROVINCES

Respondent

BASIL MASE N.O.

Respondent

THE PROVINCIAL SECRETARY OF THE EASTERN CAPE

Respondent

Procedural Posture

Review Application / Reasons for Judgment Following Urgent Review and Contempt Applications

Legal Issues

  1. 1 Whether the decision to dissolve the OR Tambo District Municipal Council under section 139(1)(c) of the Constitution was lawful and rational.
  2. 2 Whether the applicants were entitled to relief in the review application as at the date of hearing.
  3. 3 Whether the Council was in contempt of the interim court order by Bloem J dated 26 August 2021.

Ratio Decidendi

The court found that the decision to dissolve the OR Tambo District Municipal Council under section 139(1)(c) of the Constitution was irrational and not supported by the required factual basis of ongoing failure. The respondents failed to contest the review application on its merits and did not provide evidence to justify the dissolution. The imminent local government elections rendered the dissolution moot, and the functus officio doctrine prevented the Provincial Executive Council from rescinding the decision without a court order. In the contempt application, the MEC did not provide sufficient evidence of wilful non-compliance or mala fides by the Council, and the Council's actions in...

Court Disposition

The review application was granted; the decision to dissolve the OR Tambo District Municipal Council was reviewed and set aside. The contempt application was dismissed with costs.

Orders

  • The decision of 4 August 2021 by the Provincial Executive Council of the Eastern Cape and adopted by the MEC for Co-operative Governance and Traditional Affairs to dissolve the OR Tambo District Municipal Council by invoking section 139(1)(c) of the Constitution is reviewed and set aside.
  • The First, Second, Third and Seventh respondents shall pay the applicants' costs of suit jointly and severally, including reserved costs attendant on the orders granted by Bloem J on 26 August 2021 and by Nhlangulela DJP on 9 September 2021.