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South Africa Case Law

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Administrative Law [2022] ZAECMKHC 27

Malawu v MEC for Cooperative Governance and Traditional Affairs, Eastern Cape and Another (CA & R 118/2021)

Malawu v MEC for Cooperative Governance and Traditional Affairs, Eastern Cape and Another (CA & R 118/2021) [2022] ZAECMKHC 27 (31 May 2022)

The High Court held the councillor-removal appeal was moot after a new council was elected, and ordered costs only from that date onward.

  • Municipal Code Of Conduct
  • Removal Of Councillor
  • Mootness
  • Principle Of Legality
  • Review Of Administrative Action
  • Municipal-governance
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Administrative Law [2021] ZAECGHC 7

Malawu v MEC for Co-Operative Governance and Traditional Affairs, Eastern Cape and Another (779/2020)

Malawu v MEC for Co-Operative Governance and Traditional Affairs, Eastern Cape and Another (779/2020) [2021] ZAECGHC 7 (19 January 2021)

The court dismissed an application for leave to appeal against an order upholding the removal of a councillor, finding no reasonable prospects of success.

  • Municipal Systems Act
  • Removal Of Councillor
  • Procedural Fairness
  • Dispute Of Fact
  • Plascon Evans Rule
  • Leave-to-appeal
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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.