South Africa Case Law

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