South Africa Case Law

Mamposa v King Sabata Dalindyebo Local Municipality and Others - Application for Leave to Appeal (5244/2021)

Mamposa v King Sabata Dalindyebo Local Municipality and Others - Application for Leave to Appeal (5244/2021) [2024] ZAECMHC 6 (30 January 2024)

Court

Eastern Cape High Court, Mthatha

Case number

5244/2021

Judge

Bands

The High Court dismissed leave to appeal in a municipal employment dispute, finding no reasonable prospects of success and no standing for declaratory relief.

• Declaratory Relief
• Legal Standing
• Municipal Employment Dispute
• Council Resolution
• Prospects Of Success
• Costs Order

Ingquza Hill Local Municipality & Another v Mdingi (1110/2019)

Ingquza Hill Local Municipality & Another v Mdingi (1110/2019) [2021] ZASCA 75; [2021] 3 All SA 332 (SCA); 2023 (1) SA 70 (SCA) (10 June 2021)

Court

Supreme Court of Appeal

Case number

1110/2019

Judges

Petse, Zondi, Dlodlo, Ledwaba, Mabindla-Boqwana

The Supreme Court of Appeal held that the removal of Mr Mdingi as mayor did not comply with the requirements of section 53(1) of the Municipal Structures Act. The court found that no prior notice of the intended motion for removal was given to all councillors, nor was the motion properly placed on the agenda. The failure to provide notice frustrated the constitutional right of councillors to participate meaningfully in council proceedings. The motion was not unequivocal as to the removal of Mr Mdingi as a member of the executive committee, which is a statutory prerequisite for removal as mayo…

Source excerpt

• Municipal Structures Act
• Removal Of Mayor
• Prior Notice Requirement
• Audi Alteram Partem
• Council Resolution
• Constitutional Participation