CCT186/14

[2014] ZACC 31

2015 (1) BCLR 72 (CC)

The Court

18 November 2014

http://hdl.handle.net/20.500.12144/3773

Urgent application for leave to appeal against a judgment of the North West High Court, Mahikeng: Ngaka Modiri Molema District Municipality v Chairperson of the North West Provincial Executive Council and Others (M390/2014) [2014] ZANWHC 46 (25 September 2014).

Section 167(6) of the Constitution — direct appeal and access — urgency in ensuring the immediate provision of basic sanitation, water and other services Section 139(1) of the Constitution — provincial intervention in local government — no need for Court to intervene — urgent interim needs of community met by administrator’s powers following refusal of temporary interdict order Sections 152 and 153 of the Constitution — sections 4(2)(f) and 73 of the Local Government: Municipal Systems Act — basic municipal services Section 27(1) of the Constitution — right of access to water. An urgent application for leave to appeal against the High Court’s dismissal of the Ngaka Modiri Molema District Municipality’s request for an interdict to prohibit its dissolution by the North West Provincial Executive Council acting, purportedly, in terms of section 139(1)(c) of the Constitution (detailing circumstances warranting provincial intervention in local government). The Court was also requested, on direct access, to review this decision. The Court agreed that there was urgency, but only because members of the affected community were, in the interim, disturbed of their access to basic sanitation, water and other essential services – not because, as the Municipality contended, councillors had been removed from their elected positions. The Court held that because it was these councillors’ alleged failure to fulfil their obligations to the members of the affected community that had prompted the dissolution of the Municipality, there was no urgency in their application. Further, those really affected by the urgency were not party to the proceedings. The Court also held that because there was a review application pending to determine the merits of the provincial intervention the Municipality and its councillors would suffer no irreparable harm if direct access was refused. The Court dismissed the Municipality’s applications for both leave to appeal and direct access. Judgment of the Court (Mogoeng CJ, Moseneke DCJ, Cameron J, Froneman J, Khampepe J, Leeuw AJ, Madlanga J, Nkabinde J, Tshiqi AJ, Van der Westhuizen J and Zondo J).