Click here to read the full judgment on Saflii

[1]             This application arises out of a dispute between the applicant, the MEC for Co-Operative Governance and Traditional Affairs for KwaZulu-Natal, and the first and third respondents, Nongoma Local Municipality and Zululand District Municipality, relating to the decisions by the first and third respondents to reduce the number of their executive committee members, following the determination of the numbers of these executive committees at inaugural council meetings. The central dispute concerns the interpretation of the provisions of ss 43(1), 45, 46, 47 and 53 of the Local Government: Municipal Structures Act (the “Structures Act”)[1] dealing with the establishment of executive committees.

[2]             The applicant (hereinafter referred to as the “MEC”) seeks an order declaring the resolutions passed on 14 December 2021 and 7 January 2022 by the councils of the first and third respondents (hereinafter referred to as “NLM” and “ZDM”, respectively) in terms of which the two municipalities had reduced the number of their executive committee members, to be unlawful. The MEC also seeks a declaratory order that municipal councils may not reduce or increase the number of members of their executive committees once it has been determined at an inaugural council meeting held after elections, unless all the members of the executive committee are removed in accordance with the provisions of s53(2) of the Structures Act. The MEC contends that the resolutions of the two municipalities, which had reduced the number of members of the executive committees, should be set aside.