Majavu v Lesedi Local Municipality and Others (J 1512/17) [2018] ZALCJHB 439 (8 June 2018)

Majavu v Lesedi Local Municipality and Others (J 1512/17) [2018] ZALCJHB 439 (8 June 2018)

The court found that the grounds advanced by the applicant in support of his application for leave to appeal were essentially the same as those argued in the main application and had already been fully addressed and dismissed. Upon reflection, the judge was not persuaded that there were any sound or rational grounds for concluding that the Labour Appeal Court could reach a different conclusion. The application for leave to appeal was therefore dismissed as lacking reasonable prospects of success.

Citation
[2018] ZALCJHB 439
Parties
Applicant: Sandi Majavu; Respondent: Lesedi Local Municipality; Respondent: Isaac Rampedi N.O.; Respondent: Speaker of Lesedi Local Municipality
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
8 June 2018
Case Number
J 1512/17
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application
Outcome
Application for leave to appeal dismissed.
Judges
Tlhotlhalemaje
Legal Topics
Unfair Dismissal, Municipal Manager Appointment, Section 54a Compliance, Jurisdiction of Labour Court
Labour Law Administrative Law Unfair Dismissal Municipal Manager Appointment Section 54a Compliance Jurisdiction of Labour Court

Case Brief

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Parties

Sandi Majavu

Applicant

Lesedi Local Municipality

Respondent

Isaac Rampedi N.O.

Respondent

Speaker of Lesedi Local Municipality

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Main Application

Legal Issues

  1. 1 Whether the applicant has reasonable prospects of success on appeal against the dismissal of his application challenging his dismissal.
  2. 2 Whether the appointment of the Municipal Manager was in contravention of section 54A of the Local Government: Municipal Systems Act, thereby invalidating the dismissal of the applicant.
  3. 3 Whether the Labour Appeal Court could reasonably reach a different conclusion than the Labour Court.

Ratio Decidendi

The court found that the grounds advanced by the applicant in support of his application for leave to appeal were essentially the same as those argued in the main application and had already been fully addressed and dismissed. Upon reflection, the judge was not persuaded that there were any sound or rational grounds for concluding that the Labour Appeal Court could reach a different conclusion. The application for leave to appeal was therefore dismissed as lacking reasonable prospects of success.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.