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South Africa Case Law

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Administrative Law [2022] ZANCHC 72

Yola and Another v Jonas and Others (1800/2022)

Yola and Another v Jonas and Others (1800/2022) [2022] ZANCHC 72 (8 November 2022)

Court
Northern Cape High Court, Kimberley
Case number
1800/2022
Judge
MV Phatshoane

The court found that the expulsion of Mr Jonas from Siyathemba and the IEC's declaration of his seat as vacant are both subject to pending review applications. The Nxumalo J order reinstated Mr Jonas as a member of Siyathemba and interdicted the IEC and municipality from appointing a replacement councillor pending review. As court orders are binding until set aside, and the reviews directly affect the validity of the expulsion and the IEC's actions, it would be legally untenable to grant a declaratory order at this stage. The dysfunctionality in the municipal council and interruption of servi…

Source excerpt

  • Municipal Structures Act
  • Expulsion Of Councillor
  • Interdict Pending Review
  • Coalition Government Dispute
  • Executive Obligations
  • Judicial Case Flow Management
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Constitutional Law [2009] ZAECBHC 14

Mnquma Local Municipality and Another v Premier of the Eastern Cape and Others (231/2009)

Mnquma Local Municipality and Another v Premier of the Eastern Cape and Others (231/2009) [2009] ZAECBHC 14 (5 August 2009)

Court
Eastern Cape High Court, Bhisho
Case number
231/2009
Judge
D Van Zyl

The court held that the provincial executive's decision to dissolve the Mnquma Municipal Council did not comply with the requirements of section 139(1)(c) of the Constitution. The jurisdictional facts necessary for intervention—namely, a current and objective failure to fulfil an executive obligation and the existence of exceptional circumstances—were absent. The provincial executive misconstrued statutory obligations as executive obligations and relied on cumulative, vague, and in some instances past or trivial failures, many of which could have been addressed by less intrusive means. The pr…

Source excerpt

  • Municipal Intervention
  • Section 139 Constitution
  • Principle Of Legality
  • Executive Obligations
  • Judicial Review
  • Local Government Autonomy
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.