Bobo and Others v Faku and Others (CA 53/2013)
Bobo and Others v Faku and Others (CA 53/2013) [2013] ZAECGHC 87 (29 August 2013)
The court held that the executive mayor's decision to remove the appellants from the mayoral committee was an exercise of executive power under section 60 of the Local Government Municipal Structures Act, not an administrative action. Therefore, the decision was not subject to review under the Promotion of Administrative Justice Act or the audi alterem partem principle. The Act does not prescribe any procedure for dismissal, and the legislature deliberately did not afford mayoral committee members the same procedural protections as members of the municipal council. The decision was rational,…
Source excerpt
- Mayoral Committee Dismissal
- Executive Vs Administrative Action
- Audi Alterem Partem
- Rationality Review
- Internal Remedies
- Local Government Structures Act