Mononela v Dr Ruth Segomotsi Mompati District Municipality and Others (J876/21) [2021] ZALCJHB 214 (5 August 2021)

Mononela v Dr Ruth Segomotsi Mompati District Municipality and Others (J876/21) [2021] ZALCJHB 214 (5 August 2021)

The court found that the applicant failed to establish genuine urgency, as his actions in delaying the challenge to the disciplinary proceedings and the Municipal Council resolution demonstrated that any urgency was self-created. The applicant was aware of the scheduled hearing dates and only acted at the last minute, causing unnecessary hardship for the respondents. The court agreed with the respondents that there was no basis for the extreme urgency claimed and that the application should be struck off the roll. Furthermore, the court exercised its discretion to award costs against the applicant, given his conduct and the circumstances.

Citation
[2021] ZALCJHB 214
Parties
Applicant: Jerry Levy Mononela; Respondent: Dr Ruth Segomotsi Mompati District Municipality; Respondent: Dr Ruth Segomotsi Mompati District Municipal Council; Respondent: Adv. Rebaone Gaoraelwe N.O.; Respondent: Sifumba Attorneys; Respondent: The MEC for Cooperative Governance, Human Settlements and Traditional Affairs, North West Province
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 August 2021
Case Number
J876/21
Procedural Posture
Urgent Application / Ruling on Urgency
Outcome
Application struck off the roll for lack of urgency with costs awarded against the applicant.
Judges
M Baloyi
Legal Topics
Interdict, Urgency, Disciplinary Proceedings, Municipal Manager, Costs Order
Labour Law Civil Procedure Interdict Urgency Disciplinary Proceedings Municipal Manager Costs Order

Case Brief

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Parties

Jerry Levy Mononela

Applicant

Dr Ruth Segomotsi Mompati District Municipality

Respondent

Dr Ruth Segomotsi Mompati District Municipal Council

Respondent

Adv. Rebaone Gaoraelwe N.O.

Respondent

Sifumba Attorneys

Respondent

The MEC for Cooperative Governance, Human Settlements and Traditional Affairs, North West Province

Respondent

Procedural Posture

Urgent Application / Ruling on Urgency

Legal Issues

  1. 1 Whether the application to interdict disciplinary proceedings against the applicant is urgent.
  2. 2 Whether the disciplinary proceedings instituted under Municipal Council resolution 44/2018/2019 are unlawful and invalid.
  3. 3 Whether the applicant is entitled to an interdict pending the outcome of a High Court application.

Ratio Decidendi

The court found that the applicant failed to establish genuine urgency, as his actions in delaying the challenge to the disciplinary proceedings and the Municipal Council resolution demonstrated that any urgency was self-created. The applicant was aware of the scheduled hearing dates and only acted at the last minute, causing unnecessary hardship for the respondents. The court agreed with the respondents that there was no basis for the extreme urgency claimed and that the application should be struck off the roll. Furthermore, the court exercised its discretion to award costs against the applicant, given his conduct and the circumstances.

Court Disposition

Application struck off the roll for lack of urgency with costs awarded against the applicant.

Orders

  • The application is struck off the roll for lack of urgency with costs.