Miyambu and Others v Steve Tshwete Local Municipality and Another (2025/002049) [2025] ZALCJHB 40 (5 February 2025)

Miyambu and Others v Steve Tshwete Local Municipality and Another (2025/002049) [2025] ZALCJHB 40 (5 February 2025)

The court found that the transfer of the licensing department from the Municipality to the Province constituted a transfer in terms of section 197 of the Labour Relations Act. This meant that the applicants' contracts of employment and continuity of service were preserved, and the new employer was automatically substituted for the old employer. The Municipality's failure to pay salaries from July 2024 to December 2024, despite the applicants tendering their services and being allowed access to the premises, was unlawful and in breach of statutory obligations. The court held that the applicants suffered exceptional financial hardship due to the Municipality's conduct, justifying urgent...

Citation
[2025] ZALCJHB 40
Parties
Applicant: Khazamula Samuel Miyambu; Applicant: Joey De Bruin; Applicant: Razia Goolam; Applicant: Busisiwe Nonhlanhla Mashinini; Respondent: Steve Tshwete Local Municipality; Respondent: Mpumalanga Department: Community Safety, Security and Liaison
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 February 2025
Case Number
2025/002049
Procedural Posture
Urgent Application / Application for Urgent Relief Before Labour Court
Outcome
Application granted. Municipality ordered to pay outstanding salaries and continue payment pending further proceedings. Costs reserved.
Judges
Seedat
Legal Topics
Section 197 Transfer, Remuneration Claim, Urgent Application, Basic Conditions of Employment, Condonation of Non Compliance
Labour Law Civil Procedure Section 197 Transfer Remuneration Claim Urgent Application Basic Conditions of Employment Condonation of Non Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 15 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Khazamula Samuel Miyambu

Applicant

Joey De Bruin

Applicant

Razia Goolam

Applicant

Busisiwe Nonhlanhla Mashinini

Applicant

Steve Tshwete Local Municipality

Respondent

Mpumalanga Department: Community Safety, Security and Liaison

Respondent

Procedural Posture

Urgent Application / Application for Urgent Relief Before Labour Court

Legal Issues

  1. 1 Whether the transfer of the licensing department constituted a transfer in terms of section 197 of the Labour Relations Act.
  2. 2 Whether the applicants' contracts of employment and continuity of service were preserved under the transfer.
  3. 3 Whether the applicants are entitled to payment of outstanding salaries for the period July 2024 to December 2024.

Ratio Decidendi

The court found that the transfer of the licensing department from the Municipality to the Province constituted a transfer in terms of section 197 of the Labour Relations Act. This meant that the applicants' contracts of employment and continuity of service were preserved, and the new employer was automatically substituted for the old employer. The Municipality's failure to pay salaries from July 2024 to December 2024, despite the applicants tendering their services and being allowed access to the premises, was unlawful and in breach of statutory obligations. The court held that the applicants suffered exceptional financial hardship due to the Municipality's conduct, justifying urgent...

Court Disposition

Application granted. Municipality ordered to pay outstanding salaries and continue payment pending further proceedings. Costs reserved.

Orders

  • Non-compliance with forms and service is condoned; matter heard as urgent under rule 38 of the Labour Court Rules.
  • The First Respondent is ordered to immediately pay the Applicants outstanding salaries from July 2024 to December 2024 and to continue payment pending determination of Part B of the Notice of Motion.