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MEC KwaZulu-Natal for Local Government, Housing and Traditional Affairs v Yengwa and Others (147/2009) [2010] ZASCA 31

26th March 2010

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Summary: Order ─ High Court made order after substratum of the litigation had fallen away ─ order having no practical effect on the parties ─ order set aside on appeal.

Costs ─ Provincial MEC seeking costs order against councillors for voting contrary to his directions ─ councillors protected from costs when performing local government functions ─ the rule in the Swartbooi case and s 28(1)(b) of Act 117 of 1998 applicable.

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