Provincial Minister for Local Government, Environmental Affairs and Development Planning, Western Cape v Municipal Council of the Oudtshoorn Municipality and Others

A dispute arose after the Oudtshoorn Municipal Council voted on its 2014/15 budget and the vote resulted in a deadlock (12 votes for and 12 against). The Speaker, who had already voted in favour, exercised a casting vote in terms of section 30(4) of the Local Government: Municipal Structures Act 117 of 1998 to approve the budget. The Provincial Minister contended that this violated section 160(3)(b) of the Constitution, which requires approval of certain municipal matters, including budgets, by a majority of all council members. The High Court declared section 30(4) unconstitutional to the extent that it allowed a casting vote on matters listed in section 160(2) of the Constitution and referred the order to the Constitutional Court for confirmation.

The Constitutional Court confirmed the High Court’s order declaring section 30(4) of the Municipal Structures Act unconstitutional to the extent that it permits a casting vote on matters referred to in section 160(2) of the Constitution. The words 'other than a matter mentioned in section 160(2) of the Constitution' were read into section 30(4). The declaration of invalidity was limited so as not to affect past decisions. No order as to costs was made.

This case clarifies the constitutional decision-making thresholds applicable to municipal councils and affirms that budgets and other core municipal functions require approval by a majority of all councillors, not merely a majority of votes cast. It reinforces constitutional supremacy over legislation, limits the use of casting votes in local government, and provides authoritative guidance on reading-in as a constitutional remedy.