Ebersohn v Local Transitional Council of Cullinan (254/97) [1998] ZASCA 89 (28 September 1998)

Ebersohn v Local Transitional Council of Cullinan (254/97) [1998] ZASCA 89 (28 September 1998)

The court held that the Proclamation did not dismiss the appellant but transferred him to the service of the new council, as provided by the deeming provisions of the Act. The requirements for retrenchment benefits under the agreement were not met, as there was no staff reduction, dismissal, or loss of work beyond the appellant's control. The payment made to the appellant was therefore improperly made. The resolutions passed by the respondent regarding disciplinary proceedings were set aside by concession, and no further relief was warranted. The court found no basis for a special order for costs, as the respondent's affidavits were responsive to the appellant's founding papers. The...

Citation
[1998] ZASCA 89
Parties
Appellant: Gideon Lodewikus Ebersohn; Respondent: Local Transitional Council of Cullinan
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 September 1998
Case Number
254/97
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Refusing Relief and Leave to Appeal, Heard Together With Second Application
Outcome
Appeals in respect of both applications are dismissed with costs.
Judges
Hefer, Smalberger, Schutz, Plewmann, Ngoepe
Legal Topics
Local Government Transition Act, Redundancy and Retrenchment, Municipal Pension Fund, Contractual Entitlement, Disciplinary Proceedings
Civil Procedure Administrative Law Local Government Transition Act Redundancy and Retrenchment Municipal Pension Fund Contractual Entitlement Disciplinary Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Gideon Lodewikus Ebersohn

Appellant

Local Transitional Council of Cullinan

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Refusing Relief and Leave to Appeal, Heard Together With Second Application

Legal Issues

  1. 1 Whether the appellant's employment as town clerk was terminated by the transformation process under the Local Government Transition Act.
  2. 2 Whether the appellant was entitled to retrenchment benefits under the agreement with Rayton.
  3. 3 Whether the payment of R579,448.11 to the appellant was valid and enforceable.

Ratio Decidendi

The court held that the Proclamation did not dismiss the appellant but transferred him to the service of the new council, as provided by the deeming provisions of the Act. The requirements for retrenchment benefits under the agreement were not met, as there was no staff reduction, dismissal, or loss of work beyond the appellant's control. The payment made to the appellant was therefore improperly made. The resolutions passed by the respondent regarding disciplinary proceedings were set aside by concession, and no further relief was warranted. The court found no basis for a special order for costs, as the respondent's affidavits were responsive to the appellant's founding papers. The...

Court Disposition

Appeals in respect of both applications are dismissed with costs.

Orders

  • The appeals are dismissed with costs.