Mnyimba v Mashalaba and Others

The appellant, Mr Thandekile Themba Mnyimba, was appointed for a second five-year term as municipal manager of the Amathole District Municipality (ADM) on 16 May 2022. A group of ADM employees brought a review application under Uniform Rule 53 to set aside his appointment and employment contract, alleging non-compliance with statutory competency requirements, procedural irregularities in the council meeting, and misconduct. The review was granted by default on 28 June 2022 before the Rule 53 process had run its course. The appellant then applied for rescission under Rule 42(1)(a). Although the High Court (Smith J) found that the default order was erroneously granted, it refused rescission in the exercise of its discretion. The appellant appealed that refusal.

The appeal was dismissed with costs (including costs of two counsel on scale C). The application for condonation and for dispensing with security for costs was granted, with costs on scale A payable by the appellant.

The case affirms and develops post-Zuma jurisprudence on rescission under Rule 42(1)(a), confirming that even where an order is erroneously granted, rescission is not automatic. Courts may consider the merits of the underlying dispute, public interest, and the practical consequences of rescission. The judgment is particularly significant for local government law, highlighting strict compliance with statutory appointment procedures and competency requirements for municipal managers.