Sithelo and Another v MEC For Local Government And Traditional Affairs and Others (1296/12) [2014] ZAECMHC 15

25th March 2014

Sithelo and Another v MEC For Local Government And Traditional Affairs and Others (1296/12) [2014] ZAECMHC 15

1.     This is an opposed application for the following relief:

(a)     Declaring the second decision taken by the erstwhile member of the executive council (Mr Gqobana) which had the effect of reinstating the third respondent to substitute the Vulindlela Traditional Council at the district of Ngqeleni district, to be invalid ab initio, to be unlawful and to be of no force and effect.

(b)    Directing the first respondent to implement the first decision taken by Mr Gqobana to appoint Chief Sithelo as head of the Vulindlela Traditional Council.

(c)     Declaring that the third respondent’s recommendation which was the cause of the aforesaid complaints to be invalid and unlawful ab initio.

(d)     Directing that the first and second respondents pay the costs of this application, and that the third and fourth respondents also be directed to pay costs only in the event of them opposing (presumably unsuccessfully) the relief sought.