Member of the Executive Council for Cooperative Governance and Traditional Affairs, KwaZulu-Natal v Nkandla Local Municipality and Others (CCT 304/20)
Member of the Executive Council for Cooperative Governance and Traditional Affairs, KwaZulu-Natal v Nkandla Local Municipality and Others (CCT 304/20) [2021] ZACC 46; (2022) 43 ILJ 505 (CC); 2022 (8) BCLR 959 (CC) (8 December 2021)
The Constitutional Court refused leave to appeal. The majority held that the application was moot because section 54A of the Local Government Municipal Systems Act had been declared invalid and unconstitutional in SAMWU, with the invalidity operating prospectively after the expiry of the suspension period. The applicant did not seek retrospective relief, and the legal basis for setting aside the appointments no longer existed. The delay by the applicant in instituting review proceedings was excessive and unexplained, and the Supreme Court of Appeal's refusal to condone the delay was not open…
Source excerpt
- Mootness
- Delay In Review
- Municipal Manager Appointments
- Prospective Invalidity
- Just And Equitable Remedy
- Section 54a Interpretation