South Africa Case Law

Alfred Duma Local Municipality and Others v Member for the Executive Council: Cooperative Governance and Traditional Affairs, KwaZulu-Natal and Others (4569/23)

Alfred Duma Local Municipality and Others v Member for the Executive Council: Cooperative Governance and Traditional Affairs, KwaZulu-Natal and Others (4569/23) [2023] ZAKZPHC 51 (22 May 2023)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

4569/23

Judge

E Bezuidenhout

The court found that the speaker did not refuse to convene the meeting but reasonably requested time to investigate the authenticity of signatures on the petition, which was a legitimate concern given the serious consequences of the motions to be considered. The petition failed to comply with standing orders, lacking reasons for urgency. The MEC acted without engaging with the speaker or municipal manager and failed to investigate the issues raised. The requirements for an interim interdict were satisfied: the applicants had a prima facie right to protect municipal autonomy, the balance of co…

Source excerpt

• Municipal Structures Act
• Interim Interdict
• Local Government Autonomy
• Ultra Vires
• Standing Orders Compliance
• Review Of Administrative Action

Saku v Ngaka Modiri Molema District Municipality and Others (1321/2013)

Saku v Ngaka Modiri Molema District Municipality and Others (1321/2013) [2014] ZANWHC 2 (16 January 2014)

Court

North West High Court, Mafikeng

Case number

1321/2013

Judge

Kgoele

The court set aside a district council meeting and restored the applicant as councillor and executive mayor after finding no valid quorum and unlawful replacements.

• Municipal Structures Act
• Quorum Requirements
• Ultra Vires Actions
• Standing Orders Compliance
• Reinstatement Of Councillor
• Municipal-law