Gert Sibande District Municipality v Selepe and Others (JR 414/18) [2021] ZALCJHB 49 (29 March 2021)

Gert Sibande District Municipality v Selepe and Others (JR 414/18) [2021] ZALCJHB 49 (29 March 2021)

The court found that the Chairperson's decision was rationally connected to the purpose for which the power was given, accounted for all relevant facts, and was both lawful and fair. The recruitment of surveyors was initiated by the Steering Committee and Aurecon, not the Municipality, and the successful recruits were to be employed by Aurecon. The Municipality's internal recruitment policies were not applicable in these circumstances. The Chairperson correctly determined that Selepe was not guilty of gross dishonesty or bringing the Municipality into disrepute, as his actions were in line with the Steering Committee's mandate. Any harm to the Municipality's credibility was mitigated by...

Citation
[2021] ZALCJHB 49
Parties
Applicant: Gert Sibande District Municipality; Respondent: Mokome Selepe; Respondent: Johan van Zyl N.O.; Respondent: South African Local Government Association
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
29 March 2021
Case Number
JR 414/18
Procedural Posture
Review Application / Judgment on Opposed Review Application Under Section 158(1)(h) of the LRA
Outcome
Application dismissed with costs.
Judges
Tlhotlhalemaje
Legal Topics
Disciplinary Proceedings, Legality Review, Municipal Governance, Recruitment Policy
Labour Law Administrative Law Disciplinary Proceedings Legality Review Municipal Governance Recruitment Policy

Case Brief

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Parties

Gert Sibande District Municipality

Applicant

Mokome Selepe

Respondent

Johan van Zyl N.O.

Respondent

South African Local Government Association

Respondent

Procedural Posture

Review Application / Judgment on Opposed Review Application Under Section 158(1)(h) of the LRA

Legal Issues

  1. 1 Whether the Chairperson's decision following disciplinary proceedings against Selepe was reviewable under section 158(1)(h) of the LRA.
  2. 2 Whether the Chairperson's findings on gross dishonesty and bringing the Municipality into disrepute were irrational, unlawful, or procedurally unfair.
  3. 3 Whether the recruitment process for surveyors required compliance with the Municipality's internal policies.

Ratio Decidendi

The court found that the Chairperson's decision was rationally connected to the purpose for which the power was given, accounted for all relevant facts, and was both lawful and fair. The recruitment of surveyors was initiated by the Steering Committee and Aurecon, not the Municipality, and the successful recruits were to be employed by Aurecon. The Municipality's internal recruitment policies were not applicable in these circumstances. The Chairperson correctly determined that Selepe was not guilty of gross dishonesty or bringing the Municipality into disrepute, as his actions were in line with the Steering Committee's mandate. Any harm to the Municipality's credibility was mitigated by...

Court Disposition

Application dismissed with costs.

Orders

  • The Applicant’s application to review and set aside the decision of the Second Respondent following disciplinary proceedings against the First Respondent is dismissed with costs.