Mashamaite and Others v Mogalakwena Local Municipality and Others; MEC for Co‑operative Governance, Human Settlements and Traditional Affairs, Limpopo v Kekana and Others

The case arose from an intense governance dispute within the Mogalakwena Local Municipality. Mr Shella William Kekana, the municipal manager, was suspended by a council resolution on 4 December 2014 and later dismissed on 31 March 2015 following disciplinary proceedings. While suspended, Kekana launched urgent High Court proceedings in December 2014 together with the municipality as co‑applicant, seeking wide-ranging interdictory relief against councillors, the mayor, the speaker, and the MEC for COGHSTA, Limpopo. He sought, inter alia, declarations that he remained municipal manager, interdicts against council actions, and contempt findings against the MEC for alleged non‑compliance with a prior High Court order. Parallel litigation occurred in the High Court and Labour Court concerning his suspension and dismissal. The Gauteng Division of the High Court (Hiemstra AJ) later declared the MEC in contempt, reinstated Kekana as municipal manager, and set aside various council resolutions. The councillors, the municipality, and the MEC appealed to the Supreme Court of Appeal.

The appeal was upheld with costs, including the costs of two counsel. The order of the High Court was set aside and substituted with an order dismissing the application and directing the second applicant to pay the costs of the application and reserved costs.

The case is significant for its authoritative restatement of res judicata in South African procedural law, confirming that High Court judges may not disregard prior judgments of courts with concurrent jurisdiction. It also clarifies that suspended municipal officials lack authority to institute litigation on behalf of a municipality, and it reinforces principles of mootness under the Superior Courts Act. The judgment provides important guidance on governance disputes within municipalities and the limits of judicial intervention.