Pembeshiya and Others v Kumkani Mhlontlo Local Municipality and Others

The applicants, residents of the Malepelepe Community in Tsolo within the jurisdiction of the Kumkani Mhlontlo Local Municipality, brought a two-part application. In Part A, they sought interim relief interdicting or effectively suspending the appointment of the third respondent as Chief Financial Officer (CFO) of the municipality, pending finalisation of Part B, a review application. The municipality had resolved on 20 March 2024 to appoint the third respondent as CFO. The applicants alleged that the appointment was unlawful because the third respondent had previously been dismissed by two other municipalities for alleged financial misconduct, fraud and corruption, and that her appointment contravened regulation 18(4) of the Local Government: Municipal Systems Act regulations. The municipality and the third respondent opposed the application, challenging urgency, locus standi, and the requirements for interim relief.

The application in terms of Part A was dismissed. Part B of the application was postponed sine die to a date to be arranged with the Registrar. No order as to costs was made.

The judgment reinforces the strict requirements for urgency in High Court proceedings and confirms that public interest alone does not render a matter urgent. It also clarifies the application of section 38(d) of the Constitution in establishing locus standi for community members, while emphasizing the high threshold for obtaining interim interdicts, particularly where the relief sought effectively amounts to a suspension of an appointed official.