Makukau v Ramotshere Moiloa Local Municipality and Another (J633/16) [2016] ZALCJHB 486 (21 June 2016)

Makukau v Ramotshere Moiloa Local Municipality and Another (J633/16) [2016] ZALCJHB 486 (21 June 2016)

The Labour Court lacks jurisdiction to declare municipal council meetings and appointments unlawful under the Municipal Systems Act, as such matters fall outside its statutory competence. However, the court has jurisdiction to enforce compliance with the applicant's contract of employment under the Basic Conditions of Employment Act, insofar as the disciplinary regulations form part of that contract. The applicant's suspension has lapsed under regulation 6 of the Local Government: Disciplinary Regulations for Senior Managers, entitling him to return to work. The remaining issues regarding compliance with disciplinary regulations are postponed for further determination. The court admits...

Citation
[2016] ZALCJHB 486
Parties
Applicant: George Makukau; Respondent: Ramotshere Moiloa Local Municipality; Respondent: Thompson Phakalane
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
21 June 2016
Case Number
J633/16
Procedural Posture
Urgent Application / Ruling on Preliminary Points and Jurisdiction; Partial Declaratory Relief Granted; Matter Postponed for Determination of Compliance With Disciplinary Regulations.
Outcome
Applicant's suspension declared lapsed; applicant entitled to return to work; application postponed for determination of compliance with disciplinary regulations; costs reserved.
Judges
Van Niekerk
Legal Topics
Disciplinary Regulations for Senior Managers, Jurisdiction of Labour Court, Suspension of Senior Manager, Municipal Systems Act Compliance, Declaratory Relief, Interdict Against Disciplinary Hearing
Labour Law Administrative Law Disciplinary Regulations for Senior Managers Jurisdiction of Labour Court Suspension of Senior Manager Municipal Systems Act Compliance Declaratory Relief Interdict Against Disciplinary Hearing

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Parties

George Makukau

Applicant

Ramotshere Moiloa Local Municipality

Respondent

Thompson Phakalane

Respondent

Procedural Posture

Urgent Application / Ruling on Preliminary Points and Jurisdiction; Partial Declaratory Relief Granted; Matter Postponed for Determination of Compliance With Disciplinary Regulations.

Legal Issues

  1. 1 Does the Labour Court have jurisdiction to declare municipal council meetings and appointments unlawful under the Municipal Systems Act?
  2. 2 Has the applicant's suspension lapsed under regulation 6 of the Local Government: Disciplinary Regulations for Senior Managers?
  3. 3 Has the first respondent complied with the disciplinary regulations in initiating proceedings against the applicant?

Ratio Decidendi

The Labour Court lacks jurisdiction to declare municipal council meetings and appointments unlawful under the Municipal Systems Act, as such matters fall outside its statutory competence. However, the court has jurisdiction to enforce compliance with the applicant's contract of employment under the Basic Conditions of Employment Act, insofar as the disciplinary regulations form part of that contract. The applicant's suspension has lapsed under regulation 6 of the Local Government: Disciplinary Regulations for Senior Managers, entitling him to return to work. The remaining issues regarding compliance with disciplinary regulations are postponed for further determination. The court admits...

Court Disposition

Applicant's suspension declared lapsed; applicant entitled to return to work; application postponed for determination of compliance with disciplinary regulations; costs reserved.

Orders

  • The applicant's suspension is declared to have lapsed in terms of regulation 6 of the disciplinary regulations for senior managers.
  • The applicant is entitled to return to work with immediate effect.