Thabazimbi Residents Association v Municipality Manager (Acting): Tbabazimbi Local Municipality and Others (4618/2017)
Thabazimbi Residents Association v Municipality Manager (Acting): Tbabazimbi Local Municipality and Others (4618/2017) [2018] ZALMPPHC 27 (25 May 2018)
The court held that the municipal manager is obliged to notify the chief electoral officer of a councillor's vacancy once satisfied that the councillor has ceased to hold office, particularly following expulsion from the party. The validity of the disciplinary committee's decision stands unless set aside by a competent court, and the respondents failed to challenge their expulsion. The municipal manager's role is not to investigate the merits of the party's decision but to verify its authenticity and ensure all internal remedies are exhausted. The audi alteram partem principle applies, requir…
Source excerpt
- Municipal Structures Act
- Vacancy Notification
- Disciplinary Proceedings
- Audi Alteram Partem
- Judicial Review
- Party Membership Termination