Rudman v Maquassi Hills Local Municipality and Others (J3495/18)
Rudman v Maquassi Hills Local Municipality and Others (J3495/18) [2018] ZALCJHB 457 (24 October 2018)
The court found that the applicant's termination as acting Municipal Manager by the Administrator was unlawful and invalid. The Municipal Council retains the power to appoint and terminate the Municipal Manager, and the Administrator, appointed under section 139(1)(b) of the Constitution, does not have unilateral authority to rescind such appointments. The Administrator's conduct, including co-signing official correspondence with the applicant, amounted to approval of her appointment. The Council's resolution appointing the applicant was an administrative act that remained valid until set asi…
Source excerpt
- Municipal Manager Appointment
- Section 139 Constitutional Intervention
- Local Government Autonomy
- Declaratory Relief
- Urgent Application Requirements