Monareng v Dr JS Moroka Municipality (JA46/22) [2024] ZALAC 35; [2024] 10 BLLR 1029 (LAC); (2024) 45 ILJ 2689 (LAC) (3 July 2024)

Monareng v Dr JS Moroka Municipality (JA46/22) [2024] ZALAC 35; [2024] 10 BLLR 1029 (LAC); (2024) 45 ILJ 2689 (LAC) (3 July 2024)

The Labour Appeal Court found that the Municipality failed to provide a valid council resolution and power of attorney authorising opposition to the appeal and the application for further evidence, as required by Rule 6(2) of the Labour Appeal Court Rules. Consequently, the matter proceeded unopposed. The Court admitted further evidence showing that the section 139(1)(b) intervention ended on 31 March 2021, which meant Mr Mhlanga no longer had authority as Administrator when he refused to consent to the withdrawal of Mr Monareng's resignation. The refusal was therefore ultra vires and void. The subsequent acceptance of the withdrawal by Mr Monkoe was valid. The appeal was upheld, the...

Citation
[2024] ZALAC 35
Parties
Appellant: Monareng Jeffery Mohlowaadibona; Respondent: Dr JS Moroka Local Municipality
Court
Labour Appeal Court
Jurisdiction
South Africa
Judgment Date
3 July 2024
Case Number
JA46/22
Procedural Posture
Civil Appeal / Appeal From Labour Court; Application to Admit Further Evidence
Outcome
Appeal upheld; order of court a quo set aside; appellant reinstated as employee; further evidence admitted; costs in court a quo awarded against Municipality.
Judges
Savage, Van Niekerk, Nkutha-Nkontwana
Legal Topics
Authority of Attorneys, Municipal Manager Powers, Section 139 Intervention, Principle of Legality, Withdrawal of Resignation, Admission of Further Evidence
Labour Law Administrative Law Constitutional Law Authority of Attorneys Municipal Manager Powers Section 139 Intervention Principle of Legality Withdrawal of Resignation +1 more

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Parties

Monareng Jeffery Mohlowaadibona

Appellant

Dr JS Moroka Local Municipality

Respondent

Procedural Posture

Civil Appeal / Appeal From Labour Court; Application to Admit Further Evidence

Legal Issues

  1. 1 Whether the Municipality was properly authorised to oppose the appeal and application for further evidence.
  2. 2 Whether Mr Mhlanga had authority to refuse the withdrawal of Mr Monareng's resignation after the termination of the section 139(1)(b) intervention.
  3. 3 Whether the decision by Mr Mhlanga not to consent to the withdrawal of resignation was lawful.

Ratio Decidendi

The Labour Appeal Court found that the Municipality failed to provide a valid council resolution and power of attorney authorising opposition to the appeal and the application for further evidence, as required by Rule 6(2) of the Labour Appeal Court Rules. Consequently, the matter proceeded unopposed. The Court admitted further evidence showing that the section 139(1)(b) intervention ended on 31 March 2021, which meant Mr Mhlanga no longer had authority as Administrator when he refused to consent to the withdrawal of Mr Monareng's resignation. The refusal was therefore ultra vires and void. The subsequent acceptance of the withdrawal by Mr Monkoe was valid. The appeal was upheld, the...

Court Disposition

Appeal upheld; order of court a quo set aside; appellant reinstated as employee; further evidence admitted; costs in court a quo awarded against Municipality.

Orders

  • The application to lead further evidence on appeal is granted.
  • The appeal is upheld with no order as to costs in the Labour Appeal Court.