Oliver Reginald Tambo District Municipality v Independent Electoral Commission and Others (1995/2021)
Oliver Reginald Tambo District Municipality v Independent Electoral Commission and Others (1995/2021) [2021] ZAECMHC 31 (24 August 2021)
The court found that the appointment of Mr Madzidzela as acting municipal manager was unlawful and in direct contravention of the council's resolution, which had appointed Ms Dunywa for a three-month period. The communication sent by Mr Madzidzela to the first respondent was invalid, as he was not lawfully appointed. The first respondent's acceptance and action upon this communication, resulting in the replacement of district councillors, was likewise unlawful and inconsistent with the Constitution. The applicant had made reasonable efforts to resolve the intergovernmental dispute, as evidenc…
Source excerpt
- Municipal Structures Act
- Intergovernmental Dispute Resolution
- Appointment Of Municipal Manager
- Review Of Administrative Action
- Councillor Replacement
- Urgency In Motion Proceedings