Dihlabeng Local Municipality v Nthute and Others (4107/2005) [2007] ZAFSHC 14 (15 February 2007)

Dihlabeng Local Municipality v Nthute and Others (4107/2005) [2007] ZAFSHC 14 (15 February 2007)

The court found that the appointments of the 1st to 5th respondents as Unit Managers were made under section 55 of the Municipal Systems Act, which empowers the Municipal Manager to appoint staff other than top management. The evidence showed that Unit Managers did not hold executive decision-making powers and were...

Source-derived case information.

Citation
[2007] ZAFSHC 14
Parties
Applicant: Dihlabeng Local Municipality; Respondent: S.L.K. Nthute; Respondent: P.G. Mokoena-Radebe; Respondent: P.M. Coleman; Respondent: T.M. Mhlophe; Respondent: M.E. Fokane; Respondent: Mothibedi Matshele
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
15 February 2007
Case Number
4107/2005
Procedural Posture
Review Application / Final Judgment After Oral Evidence
Outcome
Application dismissed with costs.
Judges
Kruger
Legal Topics
Municipal Systems Act, Ultra Vires Appointments, Staff Establishment, Delegation of Powers, Local Government Structures
Administrative Law Civil Procedure Municipal Systems Act Ultra Vires Appointments Staff Establishment Delegation of Powers Local Government Structures

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Parties

Dihlabeng Local Municipality

Applicant

S.L.K. Nthute

Respondent

P.G. Mokoena-Radebe

Respondent

P.M. Coleman

Respondent

T.M. Mhlophe

Respondent

M.E. Fokane

Respondent

Mothibedi Matshele

Respondent

Procedural Posture

Review Application / Final Judgment After Oral Evidence

Legal Issues

  1. 1 Whether the appointments of the 1st to 5th respondents by the 6th respondent as Unit Managers were ultra vires and invalid.
  2. 2 Whether the posts of Unit Manager are managers directly accountable to the Municipal Manager under section 57 of the Municipal Systems Act.
  3. 3 Whether the appointments were made in accordance with the approved staff establishment and budget.

Ratio Decidendi

The court found that the appointments of the 1st to 5th respondents as Unit Managers were made under section 55 of the Municipal Systems Act, which empowers the Municipal Manager to appoint staff other than top management. The evidence showed that Unit Managers did not hold executive decision-making powers and were not top management as contemplated by section 57. Their roles were administrative, supporting the Municipal Manager, and did not require fixed-term contracts or performance agreements. Council was aware of and allowed the appointments, and there were sufficient funds in the budget. Council resolutions purporting to reserve appointment powers for itself were ultra vires and...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.