South Africa Case Law

Molatseli v Speaker: Dihlabeng Local Municipality and Others (1041/2021)

Molatseli v Speaker: Dihlabeng Local Municipality and Others (1041/2021) [2022] ZAFSHC 277 (10 October 2022)

Court

Free State High Court, Bloemfontein

Case number

1041/2021

Judges

P E Molitsoane, J P Daffue

The court found that the meeting of 9 February 2022 convened by the Mayor was unlawful, and all resolutions taken at that meeting, including the appointment of the Fifth Respondent as Acting Municipal Manager and the placement of the applicant on special leave, were invalid and must be set aside. The applicant, although successful on the merits, acted in conflict by depriving the Municipality of legal representation and failed to arrange for the Council to decide on further legal steps, thereby acting mala fide. The court held that the applicant is not entitled to costs against the Municipali…

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• Municipal Manager Appointment
• Council Meeting Validity
• Costs Award Discretion
• Non Joinder
• Municipal Structures Act

Speaker: OR Tambo District Municipal and Another v Madzidzela and Others (2417/21)

Speaker: OR Tambo District Municipal and Another v Madzidzela and Others (2417/21) [2021] ZAECMHC 18 (18 June 2021)

Court

Eastern Cape High Court, Mthatha

Case number

2417/21

Judge

B R Tokota

The High Court interdicted an acting municipal manager, declared the mayor’s appointment invalid, and ordered the mayor to pay personal costs.

• Municipal Manager Appointment
• Delegation Of Powers
• Interdict
• Personal Costs Order
• Council Meeting Validity
• Municipal-manager-appointment

Democratic Alliance v Matika and Others (1858/18; 1860/18)

Democratic Alliance v Matika and Others (1858/18; 1860/18) [2018] ZANCHC 55; 2019 (1) SA 214 (NCK) (29 August 2018)

Court

Northern Cape High Court, Kimberley

Case number

1858/18; 1860/18

Judges

Tlaletsi JP, Olivier ADJP

The court found that the meeting held on 25 July 2018 was not lawfully convened, as only the Speaker or Acting Speaker is empowered to call council meetings, and the Acting Speaker did not do so. No proper notice was given to all councillors, including Mr Matika, in violation of the Municipal Structures Act and the Rules of Order. The absence of notice deprived councillors of their right to participate and debate, frustrating the objects of democratic local government and the audi alteram partem principle. The resolutions adopted at the meeting, including the removal of Mr Matika as Executive…

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• Municipal Structures Act
• Audi Alteram Partem
• Council Meeting Validity
• Notice Requirements
• Motion Of No Confidence
• Local Government Rules

Khai-Ma Municipality v Groenwald (291/2009, 325/2009)

Khai-Ma Municipality v Groenwald (291/2009, 325/2009) [2009] ZANCHC 11 (3 April 2009)

Court

Northern Cape High Court, Kimberley

Case number

291/2009, 325/2009

Judges

H J Lacock, C C Williams

The court found that the special council meeting of 17 February 2009 was not convened in accordance with the statutory requirements of section 29(1) of the Municipal Structures Act, as the Speaker was not requested to convene the meeting and not all councillors were notified. The change of venue was not communicated to all councillors. Consequently, the meeting and all resolutions adopted thereat were declared unlawful, invalid, and void ab initio. The court declined to make a declaratory order regarding the fourth respondent's council membership, as his appeal against expulsion suspended the…

Source excerpt

• Municipal Structures Act
• Council Meeting Validity
• Locus Standi
• Declaratory Relief
• Costs Orders