Malawu v MEC for the Cooperative Governance and Traditional Affairs, Eastern Cape and Another (779/2020)
Malawu v MEC for the Cooperative Governance and Traditional Affairs, Eastern Cape and Another (779/2020) [2020] ZAECGHC 72 (29 June 2020)
The court found that the applicant failed to provide explicit factual detail in his founding affidavit to justify the matter being heard as urgent. The applicant's assertions regarding the impact of his removal and the potential by-election were not supported by objective evidence or specific dates. The degree of abridgement of timeframes and deviation from the ordinary notice of motion was excessive and not warranted by the circumstances. The directive for urgent enrolment did not absolve the applicant from the requirement to establish urgency in his papers. Consequently, the application was…
Source excerpt
- Municipal Systems Act
- Code Of Conduct For Councillors
- Urgent Application Requirements
- Abridgement Of Notice Periods