South Africa Case Law

Penxa v Central Karoo District and Others (4913/24)

Penxa v Central Karoo District and Others (4913/24) [2024] ZAWCHC 151 (5 June 2024)

Court

Western Cape High Court, Cape Town

Case number

4913/24

Judge

DM Thulare

The court found that the appointment of the fourth respondent as Municipal Manager did not comply with the prescribed competency requirements under the LGMSA and its Regulations. The evidence showed that the fourth respondent achieved only a 'basic' level in the competency assessment, which, according to the regulatory framework, rendered him unsuitable for the position. The court rejected the respondents' interpretation that 'basic' was sufficient, holding that only candidates assessed as 'competent' or higher meet the statutory requirements. The recruitment process was further tainted by ir…

Source excerpt

• Municipal Manager Appointment
• Competency Requirements
• Local Government Regulations
• Principle Of Legality
• Promotion Of Administrative Justice Act
• Urgent Review

Tsogang Civic Movement v Electoral Commission of South Africa and Others (11/2022 EC)

Tsogang Civic Movement v Electoral Commission of South Africa and Others (11/2022 EC) [2022] ZAEC 12 (30 December 2022)

Court

Electoral Court

Case number

11/2022 EC

Judges

Zondi JA, Shongwe AJ, Modiba J, Professor Ntlama-Makhanya, Professor Phooko

The Electoral Court dismissed an urgent review by Tsogang Civic Movement after finding it had not met the statutory 14-day publication period for party registration.

• Electoral Registration
• Statutory Compliance
• Urgent Review
• Non Joinder
• Procedural Fairness
• Electoral-registration