African National Congress v The Municipal Manager, George Local Municipality and Others

Following the 2007 floor-crossing period, the Democratic Alliance (DA) held a narrow majority in the George Local Municipality council. Mr Henry Johannes Jones, a DA ward councillor, became dissatisfied with the DA and drafted a written letter resigning both as a DA member and as a municipal councillor. The sealed resignation letter was delivered to the municipal manager’s office but was not read by him. Before it was opened, Jones changed his mind, collected the unopened letter from the municipal manager, and later formally withdrew his resignation in writing. No copy of the resignation letter was sent to the Electoral Commission or other officials. The African National Congress (ANC) contended that Jones’ council seat became vacant upon delivery of the resignation letter, triggering a by-election, and challenged the municipal manager’s conduct as unlawful administrative action.

The appeal was dismissed with costs. The order of the Cape High Court refusing the ANC’s application was confirmed.

The case clarifies the legal requirements for the effectiveness of a municipal councillor’s resignation under section 27(a) of the Municipal Structures Act. It establishes that mere delivery of a resignation letter is insufficient; proper communication requires that the written resignation be read. The judgment is important for certainty in local government administration and delineates when a council seat becomes vacant, with implications for by‑elections and municipal governance.