The Member of the KwaZulu-Natal Executive Council for Local Government, Housing and Traditional Affairs v Amajuba District Municipality and Others

The case arose from a political dispute within the Amajuba District Municipality council concerning the composition of its executive committee. Two ANC councillors, who were also the mayor and deputy mayor, were removed from the executive committee by council resolution under s 53(1) of the Local Government: Municipal Structures Act 117 of 1998, following allegations of wasteful expenditure. Although the ANC was entitled, based on proportional representation, to nominate two councillors to fill the resulting vacancies, it repeatedly nominated the same two removed councillors. The council, by majority vote, refused to re-elect them. The MEC for Local Government contended that the council was obliged to accept and elect whomever the ANC nominated, and sought declaratory relief compelling the council to do so. The High Court dismissed the application, and the MEC appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs.

This case authoritatively clarifies that members of a municipal executive committee must be elected by majority vote of the municipal council, and that political parties are not entitled to impose their nominated individuals on the council. It reinforces the balance between proportional representation and majority rule in local government, and affirms the democratic authority of municipal councils over their executive structures.