Retlaobaka v Lekwa Municipality and Another (J 20/13) [2013] ZALCJHB 179 (5 August 2013)

Retlaobaka v Lekwa Municipality and Another (J 20/13) [2013] ZALCJHB 179 (5 August 2013)

The court found that the applicant was not validly appointed as Chief Financial Officer because no performance agreement was concluded within a reasonable time or by the date stipulated in the letter of appointment, and there was no evidence that such an agreement was ever concluded. The contract term was inconsistent with the council's authorising resolution, which only permitted a three-year contract with a possible two-year extension, not a five-year term. As the applicant was not validly appointed, the disciplinary regulations did not apply to his suspension. The court concluded that there was no merit in the grounds of appeal and that it was unlikely another court would reach a...

Citation
[2013] ZALCJHB 179
Parties
Applicant: Dipone Orapeleng Tsietsi Retlaobaka; Respondent: Lekwa Local Municipality; Respondent: Tshabalala Linda Bernard(N.O.)
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
5 August 2013
Case Number
J 20/13
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Urgent Application and Counter Application
Outcome
Application for leave to appeal dismissed with costs.
Judges
R Lagrange
Legal Topics
Valid Appointment, Performance Agreement, Disciplinary Regulations, Fixed Term Contract, Leave to Appeal
Labour Law Civil Procedure Valid Appointment Performance Agreement Disciplinary Regulations Fixed Term Contract Leave to Appeal

Case Brief

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Parties

Dipone Orapeleng Tsietsi Retlaobaka

Applicant

Lekwa Local Municipality

Respondent

Tshabalala Linda Bernard(N.O.)

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Urgent Application and Counter Application

Legal Issues

  1. 1 Whether the applicant was validly appointed as Chief Financial Officer under the Local Government: Municipal Systems Act.
  2. 2 Whether the conclusion of a performance agreement was a pre-requisite for a valid appointment.
  3. 3 Whether the disciplinary regulations for senior managers applied to the applicant's suspension.

Ratio Decidendi

The court found that the applicant was not validly appointed as Chief Financial Officer because no performance agreement was concluded within a reasonable time or by the date stipulated in the letter of appointment, and there was no evidence that such an agreement was ever concluded. The contract term was inconsistent with the council's authorising resolution, which only permitted a three-year contract with a possible two-year extension, not a five-year term. As the applicant was not validly appointed, the disciplinary regulations did not apply to his suspension. The court concluded that there was no merit in the grounds of appeal and that it was unlikely another court would reach a...

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed with costs.