Yola and Another v Jonas and Others (1800/2022) [2022] ZANCHC 72 (8 November 2022)

Yola and Another v Jonas and Others (1800/2022) [2022] ZANCHC 72 (8 November 2022)

The court found that the expulsion of Mr Jonas from Siyathemba and the IEC's declaration of his seat as vacant are both subject to pending review applications. The Nxumalo J order reinstated Mr Jonas as a member of Siyathemba and interdicted the IEC and municipality from appointing a replacement councillor pending review. As court orders are binding until set aside, and the reviews directly affect the validity of the expulsion and the IEC's actions, it would be legally untenable to grant a declaratory order at this stage. The dysfunctionality in the municipal council and interruption of services require urgent resolution, but the appropriate course is to expedite the pending reviews...

Citation
[2022] ZANCHC 72
Parties
Applicant: Tommy Yola; Applicant: The African National Congress (Pixley Ka Seme Region, Northern Cape); Respondent: Danny Andries Jonas; Respondent: Thembelihle Local Municipality; Respondent: Municipal Manager: LMR Ngoqo; Respondent: The Independent Electoral Commission of South Africa; Respondent: The Siyathemba Community Movement; Respondent: MEC- Department of Cooperative Governance, Human Settlement and Traditional Affairs, Northern Cape; Respondent: Councillor: Ragel Jansen; Respondent: Councillor: Leonard William Makenna (The Mayor); Respondent: Councillor: Frans Mans; Respondent: Councillor: Elzerone Stenekamp; Respondent: Councillor: Paul Petrus van Niekerk; Respondent: Marnus Stanley Visser
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
8 November 2022
Case Number
1800/2022
Procedural Posture
Urgent Application / Application for Declaratory and Interdictory Relief Pending Review
Outcome
Application for declaratory and interdictory relief withheld pending determination of review applications; costs reserved.
Judges
MV Phatshoane
Legal Topics
Municipal Structures Act, Expulsion of Councillor, Interdict Pending Review, Coalition Government Dispute, Executive Obligations, Judicial Case Flow Management
Administrative Law Civil Procedure Constitutional Law Municipal Structures Act Expulsion of Councillor Interdict Pending Review Coalition Government Dispute Executive Obligations +1 more

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Parties

Tommy Yola

Applicant

The African National Congress (Pixley Ka Seme Region, Northern Cape)

Applicant

Danny Andries Jonas

Respondent

Thembelihle Local Municipality

Respondent

Municipal Manager: LMR Ngoqo

Respondent

The Independent Electoral Commission of South Africa

Respondent

The Siyathemba Community Movement

Respondent

MEC- Department of Cooperative Governance, Human Settlement and Traditional Affairs, Northern Cape

Respondent

Councillor: Ragel Jansen

Respondent

Councillor: Leonard William Makenna (The Mayor)

Respondent

Councillor: Frans Mans

Respondent

Councillor: Elzerone Stenekamp

Respondent

Councillor: Paul Petrus van Niekerk

Respondent

Marnus Stanley Visser

Respondent

Procedural Posture

Urgent Application / Application for Declaratory and Interdictory Relief Pending Review

Legal Issues

  1. 1 Whether Mr Jonas ceased to be a councillor and speaker of Thembelihle Local Municipality following his expulsion from Siyathemba and the IEC's declaration of vacancy.
  2. 2 Whether the Nxumalo J order reinstated Mr Jonas as councillor and speaker or only as a party member, and its effect on the IEC's decision.
  3. 3 Whether the application for declaratory and interdictory relief is premature in light of pending review applications.

Ratio Decidendi

The court found that the expulsion of Mr Jonas from Siyathemba and the IEC's declaration of his seat as vacant are both subject to pending review applications. The Nxumalo J order reinstated Mr Jonas as a member of Siyathemba and interdicted the IEC and municipality from appointing a replacement councillor pending review. As court orders are binding until set aside, and the reviews directly affect the validity of the expulsion and the IEC's actions, it would be legally untenable to grant a declaratory order at this stage. The dysfunctionality in the municipal council and interruption of services require urgent resolution, but the appropriate course is to expedite the pending reviews...

Court Disposition

Application for declaratory and interdictory relief withheld pending determination of review applications; costs reserved.

Orders

  • Pending determination of the two review applications filed under case no 1308/2022, the order in the present application filed under case no 1800/2022 is withheld.
  • The Registrar of this Court is directed forthwith to refer the applications filed under case no 1308/2022 to expedited judicial case-flow management by the Judge President or a judge designated by the Judge President.