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 51 (19 March 2021)
The court found that the jurisdictional requirements for the mandatory intervention under section 139(5) of the Constitution were present and remain extant, as the Municipality continues to be in financial crisis. The intervention, recovery plan, and appointment of the Administrator were lawfully implemented with the Municipality's consent, and the respondents' attempts to terminate the intervention and exclude the Administrator were unlawful. The respondents' collateral challenge was dismissed, as the validity of the intervention and related decisions should be determined in the main proceed…
Source excerpt
- Section 139 Mandatory Intervention
- Municipal Financial Management
- Interim Interdict
- Collateral Challenge
- Public Procurement
- Local Government Powers