Mkhombo v SAMWU; In re: SAMWU v MEC for COGHSTA and Others (J2740/14) [2015] ZALCJHB 80 (4 February 2015)

Mkhombo v SAMWU; In re: SAMWU v MEC for COGHSTA and Others (J2740/14) [2015] ZALCJHB 80 (4 February 2015)

The application for rescission is fatally defective due to non-joinder of parties with a direct and substantial interest, namely the municipality and the current acting municipal manager. The applicant lacks locus standi as he is no longer the acting municipal manager. The relief sought is academic and impractical because the acting appointment has expired and another person has been appointed. Furthermore, the applicant has not shown good cause or a bona fide defence as required by rule 16A(1)(b). The statutory framework under section 54A of the Municipal Systems Act does not permit further extensions beyond six months, and the applicant's acting period had already expired. The...

Citation
[2015] ZALCJHB 80
Parties
Applicant: O Z Mkhombo; Respondent: SAMWU; Respondent: MEC for COGHSTA; Respondent: Greater Tzaneen Municipality
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
4 February 2015
Case Number
J2740/14
Procedural Posture
Urgent Application / Application for Rescission of Court Order
Outcome
Application for rescission dismissed with costs.
Judges
Steenkamp
Legal Topics
Rescission of Judgment, Non Joinder, Locus Standi, Municipal Systems Act, Acting Appointments
Labour Law Administrative Law Rescission of Judgment Non Joinder Locus Standi Municipal Systems Act Acting Appointments

Case Brief

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Parties

O Z Mkhombo

Applicant

SAMWU

Respondent

MEC for COGHSTA

Respondent

Greater Tzaneen Municipality

Respondent

Procedural Posture

Urgent Application / Application for Rescission of Court Order

Legal Issues

  1. 1 Whether the applicant's failure to join the municipality and the current acting municipal manager is fatal to the rescission application.
  2. 2 Whether the applicant has locus standi to bring the application in his capacity as acting municipal manager.
  3. 3 Whether the relief sought is academic and impractical due to the expiry of the acting appointment and subsequent appointments.

Ratio Decidendi

The application for rescission is fatally defective due to non-joinder of parties with a direct and substantial interest, namely the municipality and the current acting municipal manager. The applicant lacks locus standi as he is no longer the acting municipal manager. The relief sought is academic and impractical because the acting appointment has expired and another person has been appointed. Furthermore, the applicant has not shown good cause or a bona fide defence as required by rule 16A(1)(b). The statutory framework under section 54A of the Municipal Systems Act does not permit further extensions beyond six months, and the applicant's acting period had already expired. The...

Court Disposition

Application for rescission dismissed with costs.

Orders

  • The application for rescission is dismissed.
  • The applicant, Mr Mkhombo, is ordered to pay the costs of the respondent, SAMWU, including the costs of 5 December 2014.