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Constitutional Law [2021] ZAWCHC 208

Executive Council of the Western Cape Province and Others v Kannaland Local Municipality and Others (229/2021)

Executive Council of the Western Cape Province and Others v Kannaland Local Municipality and Others (229/2021) [2021] ZAWCHC 208 (7 October 2021)

Court
Western Cape High Court, Cape Town
Case number
229/2021
Judge
Lekhuleni

The court found that the provincial executive's intervention in Kannaland Local Municipality was unlawful and unconstitutional. The provincial executive failed to comply with the mandatory procedural requirements of section 139(5) of the Constitution and the MFMA, specifically by delegating the preparation of the financial recovery plan to the provincial treasury instead of the Municipal Financial Recovery Service (MFRS) of the national treasury. This usurpation of statutory duties violated the principle of legality and the separation of powers. Furthermore, the appointment of an Administrato…

Source excerpt

  • Provincial Intervention In Local Government
  • Financial Recovery Plan
  • Separation Of Powers
  • Legality Principle
  • Appointment Of Administrator
  • Termination Of Intervention
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Constitutional Law [2014] ZACC 31

Ngaka Modiri Molema District Municipality v Chairperson, North West Provincial Executive Committee and Others (CCT 186/14)

Ngaka Modiri Molema District Municipality v Chairperson, North West Provincial Executive Committee and Others (CCT 186/14) [2014] ZACC 31; 2015 (1) BCLR 72 (CC) (18 November 2014)

Court
Constitutional Court
Case number
CCT 186/14
Judges
Mogoeng, Moseneke, Cameron, Froneman, Khampepe, Leeuw, Madlanga, Nkabinde, Tshiqi, Van der Westhuizen, Zondo

The Constitutional Court held that the urgency in this matter lies not in restoring the status of municipal councillors but in ensuring the immediate provision of basic services to the affected communities. The Municipality failed to demonstrate irreparable harm to itself or its councillors, as any harm could be remedied if the review application succeeds. The administrator's intervention was lawful and aimed at restoring essential services, and the evidence showed that most affected areas had been reconnected. The interests of justice did not warrant granting leave to appeal or direct access…

Source excerpt

  • Provincial Intervention In Local Government
  • Right Of Access To Water
  • Municipal Service Delivery
  • Temporary Interdict
  • Direct Access To Constitutional Court
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Constitutional Law [2014] ZAGPPHC 400

Mogalakwena Local Municipality v Provincial Executive Council, Limpopo and Others (35248/14)

Mogalakwena Local Municipality v Provincial Executive Council, Limpopo and Others (35248/14) [2014] ZAGPPHC 400; [2014] 4 All SA 67 (GP) (19 June 2014)

Court
North Gauteng High Court, Pretoria
Case number
35248/14
Judge
Tuchten

The court held that the provincial executive council's intervention under section 139(1)(b) of the Constitution was unlawful as it was not preceded by a directive, contrary to constitutional requirements and established legal principles. The intervention notice was unduly vague, failing to specify the executive obligations allegedly not fulfilled, and lacked rationality. The evidence suggested that the intervention was motivated by ulterior political purposes to favour a faction within the ruling party, undermining the municipality's autonomy and democratic mandate. The applicant established…

Source excerpt

  • Provincial Intervention In Local Government
  • Section 139 Constitution
  • Interim Interdict
  • Municipal Autonomy
  • Separation Of Powers
  • Ulterior Purpose
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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.