African National Congress v Municipal Manager, George Local Municipality and Others (550/2008)
African National Congress v Municipal Manager, George Local Municipality and Others (550/2008) [2009] ZASCA 139; [2010] 2 All SA 108 (SCA) ; (2010) 31 ILJ 69 (SCA) ; [2010] 3 BLLR 221 (SCA) (17 November 2009)
The court held that for a municipal councillor's resignation to be effective under section 27(a) of the Municipal Structures Act, the written notice must be communicated to the mind of the intended recipient. Mere delivery of a sealed resignation letter to the municipal manager does not suffice if the manager does not read it and is not made aware of its contents. The legislature deliberately departed from the previous statutory regime, which required only receipt, and now requires actual communication. Since the municipal manager did not read the letter and was not informed of its contents,…
Source excerpt
- Municipal Structures Act
- Resignation Of Councillor
- Administrative Action Review
- Vacation Of Office
- By Election Procedure