Democratic Alliance and Another v Masondo N.O. and Another

The Democratic Alliance, the main opposition party in the Johannesburg Metropolitan Council, and its caucus leader challenged the constitutionality of the mayoral committee appointed by the Executive Mayor of Johannesburg. The mayoral committee, established under section 60 of the Local Government: Municipal Structures Act 117 of 1998, consisted solely of members of the majority party, the African National Congress. The appellants argued that the exclusion of minority parties from the mayoral committee violated section 160(8) of the Constitution, which requires fair representation of parties and interests in municipal council committees. The High Court dismissed the application, finding no inconsistency with either the Constitution or the Structures Act, and the appellants appealed to the Constitutional Court.

The appeal was dismissed and the order of the High Court upholding the constitutionality of the mayoral committee was confirmed.

This case clarifies the constitutional distinction between deliberative committees of municipal councils and executive structures in local government. It affirms the constitutionality of the executive mayoral system and confirms that minority party representation is not required on mayoral committees, thereby reinforcing the legislative choice to prioritise executive efficiency in certain local government structures.