Makana litigation update

Judgment to dissolve Makana Council

Lawyers for the Unemployed People’s Movement say they are considering applying for a contempt of court order against the Premier of the Eastern Cape.

In January 2020 the Unemployed People’s Movement succeeded in their application to have the Premier dissolve Makana Municipal Council and appoint an administrator in terms of Section 139(5)(b) of the Constitution until local government elections at held and a new council elected.

In May 2020 an appeal by the Province and the Municipality against the ruling was heard and dismissed and they have elevated their appeal to the Supreme Court.

A month ago, on 18 September 2020, the UPM’S lawyers filed a Section 18 application to have Judge Stretch’s 14 January order enforced. Judgment is still pending on that application.

Now, in a letter to the Province’s attorneys, seen by Grocott’s Mail, Brin Brody of Wheeldon Rushmere and Cole, acting for the UPM, says the Province and

Makana’s appeal application to the Supreme Court of Appeal (SCA) was filed late, Judge Stretch’s January 2020 court order must be immediately applied and an administrator appointed.

Landfill contempt of court case

July 2015: Makana Unity League (MUL) files an application in the high court in Grahamstown to compel Makana Municipality to undertake 10 actions to improve conditions at the dump, and their effects on the town. The facility is

3km outside the centre of Grahamstown on the Bedford/ Cradock Road, the

R350.

December 2019:

Judge Miki Mfenyana hears the MUL’S application for contempt of court. First Respondent was Makana Municipality. Second

Respondent was the Mayor and Third the Municipal Manager.

Judge Mfenyana finds Makana, the Mayor and the Municipal

Manager in contempt of court and sentences the latter two to six months imprisonment, suspended provided Makana complies with the order.

The Makana resondents apply for leave to appeal

Judge Mfenyana refuses leave

March 2020: April 2020: 13 August:

to appeal

September:

Makana respondents apply to the Supreme Court of Appeal

The UPM applies for the Mfenyana judgment to come into effect immediately in terms of Section 18 of the Constitution.

MUL’S lawyers allege the application to the SCA was late and so the Mfenyana judgment should come into effect immediately

September: 7 October: