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Bobo and Others v Faku and Others (CA 53/2013) [2013] ZAECGHC 87

10th September 2013


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  • Bobo and Others v Faku and Others (CA 53/2013) [2013] ZAECGHC 87
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[1] The appellants are all Proportional Representation Councillors of Buffalo City Municipality (“the municipality”) and are former members of the mayoral committee of the municipality. On 25th January 2010, the first respondent, the executive mayor of the municipality (“the executive mayor”) addressed a letter to each of the appellants indicating her decision to withdraw their participation as members of the mayoral committee with immediate effect. Notwithstanding the concession made in the founding affidavits to the effect that in terms of the provisions of section 60 of the Local Government Municipal Structures Act, 117 of 1998 (“the Act”), the executive mayor had the right to dismiss members of the mayoral committee, on 14th April 2010 the appellants launched an application for an order declaring the executive mayor’s decision removing the appellants from the mayoral committee to be unlawful and reinstating the appellants to the mayoral committee retrospectively with full benefits and emoluments. A concomitant order directing first, second and third respondents jointly and severally to pay the costs of the application was also sought.



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