Nelson Mandela Bay Municipality v Tsatsire (1479/14) [2015] ZAECPEHC 19 (31 March 2015)

Nelson Mandela Bay Municipality v Tsatsire (1479/14) [2015] ZAECPEHC 19 (31 March 2015)

The court held that the second contract of employment concluded between the respondent and the applicant's former acting municipal manager was invalid ab initio, as it was not made in compliance with section 56 of the Municipal Systems Act. The Act requires that only the municipal council, after consultation with the municipal manager, may appoint a manager directly accountable to the municipal manager, and this power cannot be delegated or exercised by any other functionary. The purported delegation of appointment powers to the mayor was unlawful and contrary to the legislative intent of the 2011 amendment to the Act, which revoked the power to delegate such appointments. The council did...

Citation
[2015] ZAECPEHC 19
Parties
Applicant: Nelson Mandela Bay Municipality; Respondent: Israel Tsatsire
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
31 March 2015
Case Number
1479/14
Procedural Posture
Review Application / Judgment
Outcome
Application granted; the second contract declared void ab initio; costs awarded against the respondent.
Judges
Revelas
Legal Topics
Municipal Systems Act, Appointment of Senior Managers, Delegation of Powers, Promotion of Administrative Justice Act, Legality Principle
Administrative Law Labour Law Municipal Systems Act Appointment of Senior Managers Delegation of Powers Promotion of Administrative Justice Act Legality Principle

Case Brief

Summary, issues, holding and outcome

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Parties

Nelson Mandela Bay Municipality

Applicant

Israel Tsatsire

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the second fixed-term contract of employment concluded between the respondent and the applicant's former acting municipal manager was valid and compliant with statutory requirements.
  2. 2 Whether the appointment of the respondent was made in accordance with section 56 of the Local Government: Municipal Systems Act, 32 of 2000.
  3. 3 Whether the actions of the mayor and acting municipal manager constituted valid administrative action under PAJA and the Constitution.

Ratio Decidendi

The court held that the second contract of employment concluded between the respondent and the applicant's former acting municipal manager was invalid ab initio, as it was not made in compliance with section 56 of the Municipal Systems Act. The Act requires that only the municipal council, after consultation with the municipal manager, may appoint a manager directly accountable to the municipal manager, and this power cannot be delegated or exercised by any other functionary. The purported delegation of appointment powers to the mayor was unlawful and contrary to the legislative intent of the 2011 amendment to the Act, which revoked the power to delegate such appointments. The council did...

Court Disposition

Application granted; the second contract declared void ab initio; costs awarded against the respondent.

Orders

  • The agreement signed on 27 June 2012 is declared to be void ab initio.
  • The respondent is to pay the costs of the application consequent upon the employment of two counsel.