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)
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…
Source excerpt
- Municipal Structures Act
- Audi Alteram Partem
- Council Meeting Validity
- Notice Requirements
- Motion Of No Confidence
- Local Government Rules