Abaqulusi Local Municipality and Others v Premier of the Province of KwaZulu-Natal and Others (3357/2020P)
Abaqulusi Local Municipality and Others v Premier of the Province of KwaZulu-Natal and Others (3357/2020P) [2020] ZAKZPHC 30 (30 July 2020)
The court found that the municipality had failed to fulfil its executive obligation to institute disciplinary proceedings against the municipal manager, Mr Ntanzi, despite serious allegations of misconduct. Section 139 of the Constitution empowers the provincial executive to intervene and assume responsibility for such obligations, including disciplinary action, to the extent necessary to maintain essential standards and proper governance. The distinction between executive and administrative action does not preclude the provincial executive from intervening in disciplinary matters. The impugn…
Source excerpt
- Section 139 Intervention
- Municipal Manager Discipline
- Ultra Vires Executive Action
- Procedural Fairness
- Precautionary Suspension
- Local Government Regulations