Mkhonto and Others v Bushbuckridge Local Municipality and Others (218/2024) [2025] ZASCA 111 (23 July 2025)

Mkhonto and Others v Bushbuckridge Local Municipality and Others (218/2024) [2025] ZASCA 111 (23 July 2025)

The applicants failed to demonstrate exceptional circumstances justifying reconsideration of the refusal of special leave to appeal. The municipality had a council-approved Staff Placement Policy since 2013, which satisfied the requirements of s 66(1) of the Systems Act. The applicants' attempt to shift their case from non-existence to the adequacy of the policy was impermissible. The consultative process was found to be sufficient, with meetings and attendance registers evidencing engagement with affected staff. The application for reconsideration amounted to a second attempt at relief, contrary to the purpose of s 17(2)(f). There were no prospects of success on appeal, and refusal of...

Citation
[2025] ZASCA 111
Parties
Applicant: N’Wamitwa Solomon Mkhonto; Applicant: Walter Daniel Mokoena; Applicant: Zulu Willias Seerane; Applicant: Tsundzuka Remember Makhubela; Applicant: Ephraim Nkuna; Applicant: N’wanungu Sipho Mlambo; Applicant: Lakios Mosoma; Applicant: Fhumulani Cathrine Thovhakale; Applicant: Ngungunyane Henry Mhlaba; Respondent: Bushbuckridge Local Municipality; Respondent: Cynthia Audrey Nkuna: Municipal Manager; Respondent: Sylvia Khumalo: Executive Mayor
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
23 July 2025
Case Number
218/2024
Procedural Posture
Review Application / Application for Reconsideration Under S 17(2)(f) of the Superior Courts Act
Outcome
Application for reconsideration struck from the roll; costs awarded to the first respondent.
Judges
Matojane, Weiner, Koen, Phatshoane, Molitsoane
Legal Topics
Municipal Staff Restructuring, Policy Framework Compliance, Exceptional Circumstances, Promotion of Administrative Justice Act, Local Government Municipal Systems Act, Special Leave to Appeal
Administrative Law Civil Procedure Land and Property Municipal Staff Restructuring Policy Framework Compliance Exceptional Circumstances Promotion of Administrative Justice Act Local Government Municipal Systems Act +1 more

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Parties

N’Wamitwa Solomon Mkhonto

Applicant

Walter Daniel Mokoena

Applicant

Zulu Willias Seerane

Applicant

Tsundzuka Remember Makhubela

Applicant

Ephraim Nkuna

Applicant

N’wanungu Sipho Mlambo

Applicant

Lakios Mosoma

Applicant

Fhumulani Cathrine Thovhakale

Applicant

Ngungunyane Henry Mhlaba

Applicant

Bushbuckridge Local Municipality

Respondent

Cynthia Audrey Nkuna: Municipal Manager

Respondent

Sylvia Khumalo: Executive Mayor

Respondent

Procedural Posture

Review Application / Application for Reconsideration Under S 17(2)(f) of the Superior Courts Act

Legal Issues

  1. 1 Whether the applicants demonstrated exceptional circumstances for reconsideration of the refusal of special leave to appeal.
  2. 2 Whether the Bushbuckridge Local Municipality had a policy framework for staff establishment as required by s 66(1) of the Local Government: Municipal Systems Act.
  3. 3 Whether the consultative process for restructuring complied with statutory requirements.

Ratio Decidendi

The applicants failed to demonstrate exceptional circumstances justifying reconsideration of the refusal of special leave to appeal. The municipality had a council-approved Staff Placement Policy since 2013, which satisfied the requirements of s 66(1) of the Systems Act. The applicants' attempt to shift their case from non-existence to the adequacy of the policy was impermissible. The consultative process was found to be sufficient, with meetings and attendance registers evidencing engagement with affected staff. The application for reconsideration amounted to a second attempt at relief, contrary to the purpose of s 17(2)(f). There were no prospects of success on appeal, and refusal of...

Court Disposition

Application for reconsideration struck from the roll; costs awarded to the first respondent.

Orders

  • The application for reconsideration of the order of this Court granted on 31 January 2024, dismissing the applicants’ special leave to appeal, is struck from the roll.
  • The applicants shall pay the costs of the first respondent in the reconsideration application jointly and severally, the one to pay, the others to be absolved.