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South Africa decisions
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African National Congress and Others v Lobelo and Others (UM81/2021) [2021] ZANWHC 52 (26 August 2021)
The court set aside the removal of Tswaing councillors, holding the council lacked power to do so and had breached natural justice.
Gamnca v MEC for Co-Operative Governance and Traditional Affairs and Others (73/2021) [2021] ZAECBHC 8 (13 May 2021)
The court granted an interim interdict stopping the applicant’s removal as councillor and a by-election, pending review. It found serious procedural fairness concerns.
Masina v MEC for Co-Operative Governance and Traditional Affairs Province of the Eastern Cape and Another (223/2020) [2020] ZAECBHC 21 (5 November 2020)
The court held that the MEC's powers under Item 14 of the Code of Conduct for Councillors are not strictly dependent on prior council investigation, especially in cases of serious misconduct. The MEC may act on credible information and is empowered to ensure consistent enforcement of the code across municipalities, regardless of political dynamics. In this case, the council had in fact investigated the allegations and passed a resolution requesting the MEC to remove the applicant, and the applicant did not challenge the council's process or resolution. The applicant was afforded an opportunit…
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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…
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Mdunge v Ubuhlebenzwe Municipality and Others (14159/17P) [2019] ZAKZPHC 1 (21 January 2019)
The court found that the first respondent lacked the legal authority to dismiss the applicant as ward councillor, as such power resides with the fourth respondent under the Municipal Systems Act. The resolution and subsequent dismissal were invalid and of no force or effect. However, the first respondent later rescinded its decision and reinstated the applicant, rendering the review application moot. The applicant was justified in approaching the court for relief until the rescission, but should have withdrawn the application thereafter. The court held that costs should be limited to those in…
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Macpherson and Others v Stoffels and Others (13789/2013) [2013] ZAWCHC 174; [2014] 1 All SA 221 (WCC) (12 November 2013)
The court held that the Speaker of Oudtshoorn Municipality acted ultra vires and unlawfully by suspending and revoking the voting rights of councillors Nel and Van Wyk, as only the Council may make findings of breach and request the MEC to suspend or remove councillors under the Code of Conduct. The Speaker’s actions violated the principle of legality and were not authorised by statute or the Constitution. The MEC lacked locus standi to seek orders compelling the convening of council meetings or to intervene in council procedures, as such powers reside with the Council and Speaker, and provin…
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Brummer NO v Mvimbi and Others (13535/2011) [2011] ZAWCHC 385 (28 September 2011)
The court found that the applicant, as Speaker, fundamentally misconceived his role by acting in an autocratic and partisan manner, contrary to constitutional and common law requirements of impartiality and fairness. His directions at Council meetings, including expulsion of members and refusal to allow debate, were ultra vires the Rules of Order and the Municipal Structures Act. The Law Enforcement Unit was not obliged to enforce the Speaker's directions without exercising discretion under the Constitution and Police Act. The applicant failed to establish a clear right for final interdictory…
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