Nelson Mandela Bay Municipality and Others v Qaba and Others

Following the 2021 local government elections, no party obtained an outright majority in the Nelson Mandela Bay Metropolitan Municipal Council, resulting in an unstable coalition government. The post of Municipal Manager was vacant. On 16 March 2022, a council meeting descended into chaos, with many councillors leaving the chamber. Despite this, a vote was recorded appointing Dr Nqwazi as Municipal Manager. The Executive Mayor issued her appointment letter and concluded an employment contract on 17 March 2022. On 23 March 2022, a further council meeting—purportedly a continuation of the earlier meeting—resolved to revoke the Executive Mayor’s decision, suspend Dr Nqwazi, appoint Mr Anele Qaba as Acting City Manager, and seek declaratory relief regarding the recruitment process. The applicants (the Municipality, City Manager nomine officio, and Executive Mayor) urgently sought interim relief to interdict Mr Qaba from acting and to suspend the resolutions of 23 March, pending a review.

The application for interim relief was dismissed. No order as to costs was made.

The case is significant for clarifying the constitutional and statutory relationship between a municipality and its council, reaffirming that a municipality cannot litigate against its own council. It underscores limits on standing of municipal office-bearers acting nomine officio and reiterates principles governing interim interdicts in administrative disputes, particularly within local government. The judgment also highlights appropriate internal remedies available to municipal councils to resolve governance impasses.