Ingquza Hill Local Municipality and Another v Jongintaba Mdingi

The respondent, Mr Jongintaba Mdingi, was elected mayor of Ingquza Hill Local Municipality in August 2016. In December 2018, during an emergency council meeting, a councillor proposed an exigent motion expressing an intention to remove Mr Mdingi as mayor, allegedly due to his failure to implement a prior council resolution relating to disciplinary steps against the municipal manager. The proposed motion suggested that proper notice in terms of s 53(1) of the Local Government: Municipal Structures Act 117 of 1998 should be given and that removal be considered at a later meeting. No formal notice of an intended removal motion was subsequently given to Mr Mdingi or to councillors. At a further emergency meeting on 23 January 2019, without prior notice and without the item appearing on the agenda, the council resolved by majority vote to remove Mr Mdingi as mayor and as a member of the executive committee, and elected Mr Bambezakhe Goya in his place. Mr Mdingi successfully reviewed this decision in the High Court, which set aside both his removal and the subsequent election. The municipality and the newly elected mayor appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel. The High Court order setting aside the removal of Mr Mdingi and the election of his replacement remained in force.

The case clarifies the procedural requirements for the removal of mayors and executive committee members in South African municipalities. It affirms that strict compliance with s 53(1) of the Municipal Structures Act is required, underscores the constitutional importance of prior notice and inclusive deliberation in municipal councils, and limits attempts to effect removals through exigent or ad hoc procedures that bypass democratic safeguards.