Maluleke v Greater Giyani Local Municipality and Others (J3093/18) [2018] ZALCJHB 456; (2019) 40 ILJ 1061 (LC) (4 October 2018)

Maluleke v Greater Giyani Local Municipality and Others (J3093/18) [2018] ZALCJHB 456; (2019) 40 ILJ 1061 (LC) (4 October 2018)

The Court found that the applicant failed to establish urgency, as any urgency was self-created and the disciplinary process was ongoing. The defence of lis alibi pendens was dismissed because the High Court application had been withdrawn. The applicant's argument that the Municipal Manager lacked authority to...

Source-derived case information.

Citation
[2018] ZALCJHB 456
Parties
Applicant: Risimati Hitler Maluleke; Respondent: Greater Giyani Local Municipality; Respondent: The Speaker, Greater Giyani Municipality; Respondent: The Chief-Whip, Greater Giyani Municipality; Respondent: The Mayor, Greater Giyani Municipality; Respondent: The Municipal Manager, Greater Giyani Municipality
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
4 October 2018
Case Number
J3093/18
Procedural Posture
Urgent Application / Application for Urgent Interdict and Declaratory Relief Prior to Completion of Disciplinary Proceedings
Outcome
Application dismissed with costs.
Judges
Mahosi
Legal Topics
Disciplinary Proceedings, Lis Alibi Pendens, Waiver of Rights, Urgent Interdict, Municipal Regulations
Labour Law Civil Procedure Disciplinary Proceedings Lis Alibi Pendens Waiver of Rights Urgent Interdict Municipal Regulations

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Parties

Risimati Hitler Maluleke

Applicant

Greater Giyani Local Municipality

Respondent

The Speaker, Greater Giyani Municipality

Respondent

The Chief-Whip, Greater Giyani Municipality

Respondent

The Mayor, Greater Giyani Municipality

Respondent

The Municipal Manager, Greater Giyani Municipality

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interdict and Declaratory Relief Prior to Completion of Disciplinary Proceedings

Legal Issues

  1. 1 Whether the disciplinary charges against the applicant relating to his previous employment period are lawful and valid.
  2. 2 Whether the Municipal Manager had authority to charge the applicant for misconduct committed while acting as Municipal Manager.
  3. 3 Whether the forensic investigation report is unlawful due to non-compliance with statutory timeframes.

Ratio Decidendi

The Court found that the applicant failed to establish urgency, as any urgency was self-created and the disciplinary process was ongoing. The defence of lis alibi pendens was dismissed because the High Court application had been withdrawn. The applicant's argument that the Municipal Manager lacked authority to charge him was rejected, as he remained employed as CFO and his acting stint as Municipal Manager did not alter his status. The Municipality did not waive its right to discipline the applicant, as it was unaware of the alleged misconduct during the first contract. Although there was a delay in appointing the investigator, the Court held that substantial compliance with the...

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.