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Administrative Law [2024] ZAECQBHC 27

Nelson Mandela Bay Municipality v Qaba and Others (3042/2023)

Nelson Mandela Bay Municipality v Qaba and Others (3042/2023) [2024] ZAECQBHC 27 (9 April 2024)

Court
Eastern Cape High Court, Gqeberha
Case number
3042/2023
Judge
J W Eksteen

The court found that the appointment of Mr Qaba as CEO of the MBDA was unlawful and irregular. The board appointed him unconditionally, despite his failure to meet the minimum competency levels prescribed by the MFMA and the competency regulations. The appointment was not subject to the required resolutive condition that his contract would terminate if he failed to attain the necessary competencies within 18 months. The board acted on an error of law, failed to consider relevant information, and awarded Mr Qaba the maximum permissible salary without regard to his lack of qualifications. The I…

Source excerpt

  • Promotion Of Administrative Justice Act
  • Municipal Entities
  • Minimum Competency Levels
  • Judicial Review
  • Appointment Of Senior Managers
  • Remuneration Guidelines
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Administrative Law [2023] ZAWCHC 133

Member of the Executive Council for Local Government, Environmental Affairs and Development and Development Planning, Western Cape Province v Knysna Municipality and Others (3488/2023; 4884/2023)

Member of the Executive Council for Local Government, Environmental Affairs and Development and Development Planning, Western Cape Province v Knysna Municipality and Others (3488/2023; 4884/2023) [2023] ZAWCHC 133; [2023] 3 All SA 531 (WCC) (7 June 2023)

Court
Western Cape High Court, Cape Town
Case number
3488/2023; 4884/2023
Judge
Slingers

The court held that section 56(1)(c) of the Local Government: Municipal Systems Act restricts acting appointments of senior managers to a single three-month period, extendable once for a further three months only upon written application to the MEC in special circumstances and on good cause shown. The Municipality's practice of repeated three-month appointments without MEC approval contravened the Act. The court found that the Appointment Regulations of 2014, including the minimum competency requirements, remained valid and applicable to acting appointments. Sotshede did not meet the prescrib…

Source excerpt

  • Municipal Systems Act Interpretation
  • Acting Appointments
  • Minimum Competency Levels
  • Constitutional Challenge
  • Appointment Regulations
  • Local Government Monitoring
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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.