Bester v Sol Plaatjie Municipality and Others (1038/03) [2004] ZANCHC 56; [2004] 7 BLLR 728 (NC) (2 April 2004)

Bester v Sol Plaatjie Municipality and Others (1038/03) [2004] ZANCHC 56; [2004] 7 BLLR 728 (NC) (2 April 2004)

The court found that the grounds of appeal advanced by the Applicant bear reasonable prospects of success before the Supreme Court of Appeal. The Applicant's contentions regarding the alleged inconsistency between the Municipal Systems Act and the collective agreement, the lawfulness of the council's delegation of power, the authority of the Third Respondent, the finality and lawfulness of the impugned resolution, the legal effect of acquiescence to unlawfulness, and the need to refer disputes of fact regarding waiver for oral evidence, all present substantial questions that another court may decide differently. Consequently, leave to appeal is granted against the whole judgment and...

Citation
[2004] ZANCHC 56
Parties
Applicant: Marius Christiaan Bester; Respondent: Sol Plaatje Municipality; Respondent: P R O Sehunelo N.O.; Respondent: C M Magabane N.O.
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
2 April 2004
Case Number
1038/03
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal
Outcome
Leave to appeal to the Supreme Court of Appeal is granted against the whole judgment and orders, excluding the question of the jurisdiction of the High Court. Costs of the application for leave to appeal will be costs in the appeal.
Judges
KGOMO, MAJIEDT
Legal Topics
Municipal Systems Act, Collective Agreement, Delegation of Powers, Unlawful Abdication, Waiver, Costs in Appeal
Labour Law Civil Procedure Municipal Systems Act Collective Agreement Delegation of Powers Unlawful Abdication Waiver Costs in Appeal

Case Brief

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Parties

Marius Christiaan Bester

Applicant

Sol Plaatje Municipality

Respondent

P R O Sehunelo N.O.

Respondent

C M Magabane N.O.

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Supreme Court of Appeal

Legal Issues

  1. 1 Whether there is an inconsistency between the Municipal Systems Act and the collective agreement, triggering section 52 of the Act.
  2. 2 Whether the council of the First Respondent had implied authority to delegate its power to hear the appeal.
  3. 3 Whether the delegation of power to the Third Respondent was lawful and whether he had authority to hear the appeal.

Ratio Decidendi

The court found that the grounds of appeal advanced by the Applicant bear reasonable prospects of success before the Supreme Court of Appeal. The Applicant's contentions regarding the alleged inconsistency between the Municipal Systems Act and the collective agreement, the lawfulness of the council's delegation of power, the authority of the Third Respondent, the finality and lawfulness of the impugned resolution, the legal effect of acquiescence to unlawfulness, and the need to refer disputes of fact regarding waiver for oral evidence, all present substantial questions that another court may decide differently. Consequently, leave to appeal is granted against the whole judgment and...

Court Disposition

Leave to appeal to the Supreme Court of Appeal is granted against the whole judgment and orders, excluding the question of the jurisdiction of the High Court. Costs of the application for leave to appeal will be costs in the appeal.

Orders

  • Leave to appeal to the Supreme Court of Appeal is granted against the whole judgment and orders, excluding the jurisdictional question.
  • Costs of this application for leave to appeal will be costs in the appeal.