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South Africa Case Law

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Administrative Law [2023] ZALMPPHC 93

CLLR Tlhabadira v CLLR Mogapi and Others (13207/2022; 13268/2022)

CLLR Tlhabadira v CLLR Mogapi and Others (13207/2022; 13268/2022) [2023] ZALMPPHC 93 (29 September 2023)

Court
Limpopo High Court, Polokwane
Case number
13207/2022; 13268/2022
Judge
M V Semenya

The court found that the meeting of 21 October 2022 was lawfully adjourned by the speaker due to disorder, and any business transacted thereafter, including the motions of no confidence and subsequent appointments, was unlawful. The respondents failed to comply with the Rules of Order and the Municipal Structures Act, particularly regarding the requirement for prior notice of motions for removal and the proper constitution of council meetings. The invocation of urgency and suspension of standing orders was not lawfully effected, and the applicants were denied procedural fairness. Consequently…

Source excerpt

  • Municipal Structures Act
  • Council Meeting Procedure
  • Motions Of No Confidence
  • Review Of Administrative Action
  • Quorum Requirements
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Constitutional Law [2022] ZAGPJHC 1054

Phalatse and Another v Speaker of the City of Johannesburg and Others (2022/26790)

Phalatse and Another v Speaker of the City of Johannesburg and Others (2022/26790) [2022] ZAGPJHC 1054 (25 October 2022)

Court
South Gauteng High Court, Johannesburg
Case number
2022/26790
Judge
Keightley

The court found that the Programming Committee was inquorate when it placed the motion of no confidence on the agenda, rendering the decision unlawful. The Speaker's notice for the extraordinary meeting was unreasonably short and failed to comply with statutory and constitutional requirements, depriving councillors of meaningful participation and debate. The Speaker unlawfully excluded DA councillors from debate and voting based on their refusal to sign the attendance register, which did not justify depriving them of their constitutional rights. The Council's adoption of the motion of no conf…

Source excerpt

  • Principle Of Legality
  • Motions Of No Confidence
  • Municipal Structures Act
  • Procedural Fairness
  • Ulterior Purpose
  • Democratic Participation
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Constitutional Law [2021] ZASCA 164

African Transformation Movement v Speaker of the National Assembly and Others (643/2021)

African Transformation Movement v Speaker of the National Assembly and Others (643/2021) [2021] ZASCA 164; [2022] 1 All SA 615 (SCA); 2022 (4) SA 409 (SCA) (2 December 2021)

Court
Supreme Court of Appeal
Case number
643/2021
Judges
Petse, Nicholls, Gorven, Kgoele, Smith

The Supreme Court of Appeal held that the Speaker of the National Assembly misconstrued the nature of her discretion by imposing an onus on the African Transformation Movement to justify a secret ballot for a motion of no confidence in the President. The Speaker's approach was fundamentally flawed, as the Constitutional Court has made clear that no such onus exists and that the discretion must be exercised afresh in each situation, considering all relevant circumstances. By asking the wrong question and failing to properly apply her mind to the merits, the Speaker's decision was vitiated by i…

Source excerpt

  • Rationality Review
  • Motions Of No Confidence
  • Secret Ballot
  • Parliamentary Procedure
  • Discretion Of Speaker
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Administrative Law [2014] ZAWCHC 130

Speaker of the Bitou Municipal Council v Mbali and Others, In Re; Mbali v Speaker of the Bitou Municipal Council and Others (11289/2014)

Speaker of the Bitou Municipal Council v Mbali and Others, In Re; Mbali v Speaker of the Bitou Municipal Council and Others (11289/2014) [2014] ZAWCHC 130 (26 August 2014)

Court
Western Cape High Court, Cape Town
Case number
11289/2014
Judge
Davis

The court found that the Speaker was not obliged to convene the requested meeting because the notice requirements under Rule 33(2) of the Council's Rules of Order were not met; the request for a meeting was not delivered six working days before the intended date. The statutory obligation under section 29(1) of the Municipal Structures Act does not override the peremptory requirements of the Rules of Order. The court further held that the dispute over the timing of the meeting was essentially political, especially as the urgency was undermined by the applicants' desire to postpone the meeting…

Source excerpt

  • Municipal Structures Act
  • Motions Of No Confidence
  • Internal Council Procedure
  • Urgent Interdict
  • Political Dispute Justiciability
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Administrative Law [2013] ZAWCHC 174

Macpherson and Others v Stoffels and Others (13789/2013)

Macpherson and Others v Stoffels and Others (13789/2013) [2013] ZAWCHC 174; [2014] 1 All SA 221 (WCC) (12 November 2013)

Court
Western Cape High Court, Cape Town
Case number
13789/2013
Judge
Schippers

The court held that the Speaker of Oudtshoorn Municipality acted ultra vires and unlawfully by suspending and revoking the voting rights of councillors Nel and Van Wyk, as only the Council may make findings of breach and request the MEC to suspend or remove councillors under the Code of Conduct. The Speaker’s actions violated the principle of legality and were not authorised by statute or the Constitution. The MEC lacked locus standi to seek orders compelling the convening of council meetings or to intervene in council procedures, as such powers reside with the Council and Speaker, and provin…

Source excerpt

  • Municipal Governance
  • Motions Of No Confidence
  • Code Of Conduct For Councillors
  • Locus Standi
  • Ultra Vires
  • Principle Of Legality
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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.