Motloung and Others v Nquthu Local Municipality and Others (6062/2020P)
Motloung and Others v Nquthu Local Municipality and Others (6062/2020P) [2021] ZAKZPHC 17 (17 May 2021)
The court found that the appointments of the 28th to 30th respondents at the council meeting of 2 September 2020 were invalid due to non-compliance with the peremptory requirements of rule 13.2 of the standing rules, which prohibits the transaction of new business at continuation meetings. The urgency cited by the municipal respondents did not afford the council discretion to bypass these rules. The court declined to set aside subsequent decisions made at the 22 September 2020 meeting, as they were not challenged in these proceedings. Regarding the counter-application, the court held that the…
Source excerpt
- Municipal Manager Appointment
- Standing Rules Compliance
- Ultra Vires Decision
- Covid19 Regulations
- Council Meeting Procedure