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Bikitsha v Mnquma Local Municipality and Others (5064/2017) [2017] ZAECMHC 46 (21 November 2017)
The court held that the mayor’s statutory powers to table misconduct allegations against senior managers were not delegable, and confirmed the interim order.
Dihlabeng Local Municipality v Nthute and Others (4107/2005) [2007] ZAFSHC 14 (15 February 2007)
The court found that the appointments of the 1st to 5th respondents as Unit Managers were made under section 55 of the Municipal Systems Act, which empowers the Municipal Manager to appoint staff other than top management. The evidence showed that Unit Managers did not hold executive decision-making powers and were not top management as contemplated by section 57. Their roles were administrative, supporting the Municipal Manager, and did not require fixed-term contracts or performance agreements. Council was aware of and allowed the appointments, and there were sufficient funds in the budget.…
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Democratic Alliance and Another v Masondo NO and Another (CCT29/02) [2002] ZACC 28; 2003 (2) BCLR 128 ; 2003 (2) SA 413 (CC) (12 December 2002)
The majority of the Constitutional Court held that a mayoral committee established under section 60 of the Structures Act is not a 'committee of the municipal council' as contemplated by section 160(8) of the Constitution. The mayoral committee is appointed by and answerable to the executive mayor, not the council, and its primary function is to assist the mayor in the exercise of executive authority. The Structures Act does not require minority party representation on mayoral committees, and there is no constitutional basis to imply such a requirement. Section 160(8) applies only to committe…
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