Mokoena v West Rand District Municipality and Others (39460/19) [2019] ZAGPJHC 477 (10 December 2019)

Mokoena v West Rand District Municipality and Others (39460/19) [2019] ZAGPJHC 477 (10 December 2019)

The court found that the applicant failed to satisfy the requirements for urgency under Rule 6(12) of the Uniform Rules of the High Court. While the applicant asserted the matter was urgent due to alleged violations of legality and the rule of law, he did not provide explicit reasons why he could not obtain substantial redress at a hearing in due course. The court distinguished the present facts from cases where the exercise of power was clearly ultra vires, noting that the applicant did not substantiate why ordinary remedies under the Labour Relations Act would be inadequate. The court held that labelling a matter as urgent does not make it so, and the applicant's failure to address the...

Citation
[2019] ZAGPJHC 477
Parties
Applicant: Moroashike David Mokoena; Respondent: West Rand District Municipality; Respondent: The Acting Municipal Manager: West Rand District Municipality; Respondent: The Executive Mayor: West Rand District Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
10 December 2019
Case Number
39460/19
Procedural Posture
Urgent Application / Application to Strike Suspension Off the Roll for Lack of Urgency
Outcome
Application struck off the roll for lack of urgency with no order as to costs.
Judges
Molahlehi
Legal Topics
Precautionary Suspension, Local Government Disciplinary Regulations, Urgency in High Court, Legality and Rule of Law
Administrative Law Civil Procedure Precautionary Suspension Local Government Disciplinary Regulations Urgency in High Court Legality and Rule of Law

Case Brief

Summary, issues, holding and outcome

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Parties

Moroashike David Mokoena

Applicant

West Rand District Municipality

Respondent

The Acting Municipal Manager: West Rand District Municipality

Respondent

The Executive Mayor: West Rand District Municipality

Respondent

Procedural Posture

Urgent Application / Application to Strike Suspension Off the Roll for Lack of Urgency

Legal Issues

  1. 1 Whether the applicant satisfied the requirements for urgency under Rule 6(12) of the Uniform Rules of the High Court.
  2. 2 Whether the suspension of the municipal manager complied with Regulation 6 of the Local Government: Disciplinary Regulations for Senior Managers 2010.
  3. 3 Whether the municipality's failure to comply with the regulations rendered the suspension unlawful.

Ratio Decidendi

The court found that the applicant failed to satisfy the requirements for urgency under Rule 6(12) of the Uniform Rules of the High Court. While the applicant asserted the matter was urgent due to alleged violations of legality and the rule of law, he did not provide explicit reasons why he could not obtain substantial redress at a hearing in due course. The court distinguished the present facts from cases where the exercise of power was clearly ultra vires, noting that the applicant did not substantiate why ordinary remedies under the Labour Relations Act would be inadequate. The court held that labelling a matter as urgent does not make it so, and the applicant's failure to address the...

Court Disposition

Application struck off the roll for lack of urgency with no order as to costs.

Orders

  • The applicant's application is struck off the roll for lack of urgency.
  • No order as to costs.