CE VINDICATED 

IMPORTANT MESSAGE 22 September 2026

Democratic Alliance and Another v Municipal Manager of the Cederberg Local Municipality and Others (2025/138439) [2026] ZAWCHC 548 (21 September 2026) Case No: 2025-138439HIGH COURT DISMISSES JOHN HAYES AND DA CHALLENGE TO CEDERBERG NO-CONFIDENCE MOTIONCourt finds former Cederberg Speaker could not lawfully prevent motion from being considered and orders Hayes and DA to pay costsThe Cape High Court has dismissed an application brought by John Hayes, the former Speaker of Cederberg Municipality in the Western Cape, and the Democratic Alliance (DA) challenging the 14 February 2025 Motion of No Confidence that resulted in Hayes’ removal as Speaker.

The application was dismissed with costs, bringing a significant legal challenge over the conduct of the special Cederberg Municipal Council meeting to a close.At the heart of the matter was whether Hayes, as Speaker, was entitled to prevent the Motion of No Confidence from being considered and to adjourn the meeting.The Court found that he was not.The judgment further found that Hayes was “materially conflicted” because he was simultaneously the Speaker presiding over the meeting and the councillor against whom the removal motion was directed. The Court also found that, in the circumstances, the reference to an “unwilling” Speaker in Rule 53.5 could include a Speaker who prevented Council from performing its function of considering his removal.The judgment therefore confirms that the procedural mechanism used to allow the meeting to continue was lawful.

Mayor Councillor Ruben Richards played a central procedural role in the events of 14 February 2025. As a councillor at the time, he challenged the Speaker’s attempt to prevent the Motion of No Confidence from being considered and initiated the procedural mechanism through which the meeting was able to continue.The Court also raised concerns about the timing of the legal challenge. The application was brought approximately six months after the decision, with the Court finding that no adequate explanation had been provided for the delay. It further found that setting aside the election of Maxwell Heins after approximately 19 months of governance would cause substantial prejudice.

The Court accordingly dismissed the application and ordered the respondents’ costs, including counsel’s costs on Scale B.The judgment provides clarity on an important question of municipal governance: a Speaker who is personally the subject of a Motion of No Confidence cannot use the authority of the office to prevent Council from considering that motion.For Cederberg Municipality, the ruling confirms the legality of the process followed at the 14 February 2025 special Council meeting and brings an extended legal dispute over the removal of the former Speaker to an end.

Issued by “Cederberg Eerste” – Cederberg First Residents Association info@cederbergeerste.co.za
Read the Full Court Ruling:
https://www.saflii.org/za/cases/ZAWCHC/2026/548.html