Brummer NO v Mvimbi and Others (13535/2011)
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…
Source excerpt
- Municipal Council Governance
- Speaker Impartiality
- Ultra Vires
- Code Of Conduct For Councillors
- Interdict Requirements
- Constitutional Right To Political Expression