Marweshe and Others v City of Tshwane Metropolitan Municipality and Others (JR82/2024) [2024] ZALCJHB 543 (9 December 2024)

Marweshe and Others v City of Tshwane Metropolitan Municipality and Others (JR82/2024) [2024] ZALCJHB 543 (9 December 2024)

The court found that the applicants' employment contracts were concluded in respect of positions not included in the municipal staff establishment, as required by section 66 of the Municipal Systems Act. As a result, the contracts were null and void and the applicants were not lawfully employed. The arbitrator's award, which found that the applicants had not proven dismissal and that their contracts were unlawful, constituted a jurisdictional ruling and was correct. Even if the award was not a jurisdictional ruling, the outcome was reasonable based on the evidence. The applicants failed to provide proof that their positions were authorised or budgeted for, and the evidence supported the...

Citation
[2024] ZALCJHB 543
Parties
Applicant: Milton Marweshe and Others; Respondent: City of Tshwane Metropolitan Municipality; Respondent: SA Local Government Bargaining Council; Respondent: Elsabe Maree NO
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
9 December 2024
Case Number
JR82/2024
Procedural Posture
Review Application / Judgment on Review of Arbitration Award
Outcome
Review application dismissed; no order as to costs.
Judges
Daniels
Legal Topics
Municipal Staff Establishment, Unlawful Employment Contract, Jurisdictional Ruling, Review of Arbitration Award, Irregular Expenditure
Labour Law Administrative Law Municipal Staff Establishment Unlawful Employment Contract Jurisdictional Ruling Review of Arbitration Award Irregular Expenditure

Case Brief

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Parties

Milton Marweshe and Others

Applicant

City of Tshwane Metropolitan Municipality

Respondent

SA Local Government Bargaining Council

Respondent

Elsabe Maree NO

Respondent

Procedural Posture

Review Application / Judgment on Review of Arbitration Award

Legal Issues

  1. 1 Whether the applicants' employment contracts with the City were valid and lawful.
  2. 2 Whether the arbitrator's finding that the applicants were not dismissed was reasonable.
  3. 3 Whether the applicants' positions were included in the municipal staff establishment as required by law.

Ratio Decidendi

The court found that the applicants' employment contracts were concluded in respect of positions not included in the municipal staff establishment, as required by section 66 of the Municipal Systems Act. As a result, the contracts were null and void and the applicants were not lawfully employed. The arbitrator's award, which found that the applicants had not proven dismissal and that their contracts were unlawful, constituted a jurisdictional ruling and was correct. Even if the award was not a jurisdictional ruling, the outcome was reasonable based on the evidence. The applicants failed to provide proof that their positions were authorised or budgeted for, and the evidence supported the...

Court Disposition

Review application dismissed; no order as to costs.

Orders

  • The review application is dismissed.
  • There is no order as to costs.