South Africa Case Law

Democratic Alliance and Others v Municipal Manager of the Gamagara Local Municipality and Others (1492/2023; 1793/2023)

Democratic Alliance and Others v Municipal Manager of the Gamagara Local Municipality and Others (1492/2023; 1793/2023) [2024] ZANCHC 6 (26 January 2024)

Court

Northern Cape High Court, Kimberley

Case number

1492/2023; 1793/2023

Judges

Lever, Olivier

The court found that the October 2023 events, in which new office bearers were elected through a democratic process, resolved the disputes between the parties and rendered the applications and counter-application moot. There was no longer a live controversy or issue of public importance requiring adjudication. The court declined to make academic rulings on the lawfulness of prior council meetings and decisions, noting that scarce judicial resources should not be expended on abstract questions. On urgency, the court agreed that the counter-application was not urgent but, for expediency, consid…

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• Municipal Governance
• Mootness
• Urgency
• Council Meeting Procedure
• Costs Order

CLLR Tlhabadira v CLLR Mogapi and Others (13207/2022; 13268/2022)

CLLR Tlhabadira v CLLR Mogapi and Others (13207/2022; 13268/2022) [2023] ZALMPPHC 93 (29 September 2023)

Court

Limpopo High Court, Polokwane

Case number

13207/2022; 13268/2022

Judge

M V Semenya

The court found that the meeting of 21 October 2022 was lawfully adjourned by the speaker due to disorder, and any business transacted thereafter, including the motions of no confidence and subsequent appointments, was unlawful. The respondents failed to comply with the Rules of Order and the Municipal Structures Act, particularly regarding the requirement for prior notice of motions for removal and the proper constitution of council meetings. The invocation of urgency and suspension of standing orders was not lawfully effected, and the applicants were denied procedural fairness. Consequently…

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• Municipal Structures Act
• Council Meeting Procedure
• Motions Of No Confidence
• Review Of Administrative Action
• Quorum Requirements

Odendaal and Another v Speaker Of The Nelson Mandela Metropolitan Municipality Council and Others (1284/2023)

Odendaal and Another v Speaker Of The Nelson Mandela Metropolitan Municipality Council and Others (1284/2023) [2023] ZAECQBHC 26 (12 May 2023)

Court

Eastern Cape High Court, Gqeberha

Case number

1284/2023

Judge

OH Ronaasen

The court held the application was urgent, the proposed no-confidence motions were invalid, and ordered the first respondent to pay costs.

• Municipal Structures Act
• Council Meeting Procedure
• Interdictory Relief
• Costs Award
• Municipal-law
• Interdicts

Motloung and Others v Nquthu Local Municipality and Others (6062/2020P)

Motloung and Others v Nquthu Local Municipality and Others (6062/2020P) [2021] ZAKZPHC 17 (17 May 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

6062/2020P

Judge

Mnguni

The court found that the appointments of the 28th to 30th respondents at the council meeting of 2 September 2020 were invalid due to non-compliance with the peremptory requirements of rule 13.2 of the standing rules, which prohibits the transaction of new business at continuation meetings. The urgency cited by the municipal respondents did not afford the council discretion to bypass these rules. The court declined to set aside subsequent decisions made at the 22 September 2020 meeting, as they were not challenged in these proceedings. Regarding the counter-application, the court held that the…

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• Municipal Manager Appointment
• Standing Rules Compliance
• Ultra Vires Decision
• Covid19 Regulations
• Council Meeting Procedure