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South Africa: Kwazulu-Natal High Court, Pietermaritzburg
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[2016] ZAKZPHC 110
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Makhanya v Minister of Water Affairs and Sanitation and Others (1578/2016P; 3861/2016P) [2016] ZAKZPHC 110 (8 December 2016)
IN
HIGH COURT OF SOUTH AFRICA
KWAZULU-NATAL
DIVISION, PIETERMARITZBURG
CASE
NO: 1578/2016P
and
3861/2016P
In
the matter between
:
ATWELL
SIBUSISO
MAKHANYA
APPLICANT
and
THE MINISTER OF WATER AFFAIRS
AND
SANITATION FIRST
RESPONDENT
DUDUZILE MYENI
N.O. SECOND
RESPONDENT
MUSA XULU
N.O. THIRD
RESPONDENT
POPPY DLAMINI
N.O. FOURTH
RESPONDENT
FREDERICK BOSMAN
N.O. FIFTH
RESPONDENT
NONHLANHLA KHUMALO
N.O. SIXTH
RESPONDENT
AMIT BADUL
N.O. SEVENTH
RESPONDENT
BRIAN RAWLINS
N.O. EIGHTH
RESPONDENT
NICA GEVERS
N.O. NINTH
RESPONDENT
THEMBINKOSI MADIKANE
N.O. TENTH
RESPONDENT
BONGI MSHENGU
N.O. ELEVENTH
RESPONDENT
SIMO CHAMANE
N.O. TWELFTH
RESPONDENT
MHLATUZE
WATER THIRTEENTH
RESPONDENT
CORRECTION OF AN
ORDER IN TERMS OF RULE 42 (1) (b) OF THE UNIFROM RULES OF COURT
Due
to the ambiguity of an order that I gave in the judgment delivered on
28 November 2016, I accordingly correct it and it should
read as
follows:
[77]
Accordingly, I make the following order:
1. The decision by the first
respondent to extend the terms of office of the board members of the
thirteenth respondent (second
to twelfth respondents) is declared
invalid and set aside;
2. The decision by the second to
twelfth respondents (Mhlatuze Board Members) to pursue disciplinary
proceedings against the applicant
and suspend him is declared invalid
and set aside;
3.
The orders in paragraph 1 and 2
above are suspended from operation from the date of this order for a
period of 180 days for the
first respondent to appoint a new board
within a period of 180 days from the date of this order;
4.
The disciplinary proceedings
against the applicant are to be conducted by Edward Nathan,
Sonnenbergs Africa (ENS) and should be
finalised by not later than 31
January 2017, whereafter its recommendations will be submitted for
consideration by the newly appointed
board as contemplated in
paragraph 3 above, as soon as it is constituted;
5. The rule
nisi
in case number 3861/2016P is discharged; and
6.
The applicant is awarded costs
in respect of both matters (1578/2016P and 3861/2016P) including the
costs consequent on the employment
of senior and junior counsel,
where applicable. The costs are to be borne by the first respondent
in respect of both matters.
Dated
this on this 8
th
day of December 2016 at Pietermaritzburg.
_______________
MBATHA
J