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South Africa Case Law

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Constitutional Law [2011] ZASCA 23

Premier of the Western Cape and Others v Overberg District Municipality and Others (801/201)

Premier of the Western Cape and Others v Overberg District Municipality and Others (801/201) [2011] ZASCA 23; 2011 (4) SA 441 (SCA); [2011] 3 All SA 385 (SCA) (18 March 2011)

Court
Supreme Court of Appeal
Case number
801/2010
Judges
Harms, Streicher, Brand, Shongwe, Theron

The Supreme Court of Appeal held that section 139(4) of the Constitution does not impose a mandatory obligation on the provincial executive to dissolve a municipal council that fails to approve a budget before the start of the financial year. Rather, the section requires the executive to intervene by taking any appropriate steps to ensure approval of the budget, with dissolution being only one of several possible measures. The court found that the provincial executive retains discretion to determine the most suitable intervention, and that the council's authority to approve a budget is not au…

Source excerpt

  • Provincial Executive Intervention
  • Municipal Budget Approval
  • Principle Of Legality
  • Judicial Review Of Executive Action
  • Interpretation Of Statutes
  • Local Government Autonomy
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Administrative Law [2008] ZAKZHC 52

Khoza v Premier of Kwazulu-Natal and Others (8641/08)

Khoza v Premier of Kwazulu-Natal and Others (8641/08) [2008] ZAKZHC 52 (15 July 2008)

Court
High Courts - Kwazulu Natal
Case number
8641/08
Judge
Ntshangase

The court found that the intervention by the Executive Council under section 139(1)(b) of the Constitution was unlawful, as the charges against the applicant did not relate to any failure by the municipality to fulfil executive obligations or to service delivery issues. The disciplinary inquiry and removal from office were not justified under section 139(1)(b), and the MEC failed to exercise his own discretion as required by Item 14(6) of the Municipal Systems Act. The applicant was entitled to challenge his removal independently of the inquiry's establishment, and his participation did not a…

Source excerpt

  • Municipal Code Of Conduct
  • Provincial Executive Intervention
  • Section 139 Constitution
  • Disciplinary Procedure
  • Interim Interdict
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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.