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The MEC For The Department Of Co-Operative Governance And Traditional Affairs v The Nkandla Local Municipality and Others, The MEC For The Department Of Co-Operative Governance And Traditional Affairs v The Mthonjaneni Municipality and Others (5369/18P, 5

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The MEC For The Department Of Co-Operative Governance And Traditional Affairs v The Nkandla Local Municipality and Others, The MEC For The Department Of Co-Operative Governance And Traditional Affairs v The Mthonjaneni Municipality and Others (5369/18P, 5

21st February 2019

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The applicant claims identical relief in the two applications referred to in the heading to this judgment, in respect of the appointment of the municipal managers to the Nkandla and Mthonjaneni municipalities respectively. The relief is:

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‘(a) That the appointment of Third Respondent as the Municipal Manager of the First Respondent[1] by the Second Respondent[2] is declared to be invalid and is hereby set aside as null and void ab initio.  

(b) That First Respondent (together with any Respondent who opposes this application) pays the costs of the application.

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(c) Further or alternative relief’.

It is convenient to deal with both applications in one judgment as the issues arising in the two applications are in many respects similar. Where the factual circumstances differ it will be indicated.

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