Lopes and Another v Executive Mayor of the Knysna Local Municipality and Others

The Democratic Alliance (DA), represented by Julie Lopes, opposed and later sought to review decisions of the Knysna Local Municipality Council taken in September 2022 to create and fill temporary support staff posts for senior political office-bearers (Executive Mayor, Deputy Executive Mayor and Speaker). The DA contended that the creation and filling of the posts contravened the Local Government: Municipal Staff Regulations, related guidelines, and municipal recruitment and placement policies, particularly because there was no proper budgetary consideration or public recruitment process. Seven (later discovered to be eight) employees were appointed on six-month contracts commencing 1 October 2022. After payment for October 2022, the employees vacated their posts at the end of November 2022. Two urgent review applications were brought in the High Court to set aside the decisions to create, fill, and pay the employees. The High Court dismissed both applications, primarily on the basis that the matters were moot as the contracts had expired, but also addressed the merits. The DA appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel.

The judgment restates and clarifies the doctrine of mootness in South African appellate practice, particularly in administrative and local government disputes. It emphasises that appellate courts will not determine fact-bound or hypothetical issues once a matter has lost practical effect, and it limits the circumstances in which moot cases raising alleged public interest issues will be entertained. The case reinforces municipal autonomy under statutory frameworks, especially regarding internal investigations into irregular or wasteful expenditure.