Selepe and Another v Mohokare Local Municipality and Others (3173/2021) [2021] ZAFSHC 217 (25 August 2021)

Selepe and Another v Mohokare Local Municipality and Others (3173/2021) [2021] ZAFSHC 217 (25 August 2021)

The court found that the first respondent's decision to place the applicants on special leave was unlawful, as the Local Government: Disciplinary Regulations for Senior Managers do not permit an employer to unilaterally impose special leave on senior managers. The prescribed procedures for precautionary suspension were not followed, and the respondent did not contest the factual allegations in the founding affidavit. The court rejected the respondent's jurisdictional objection, holding that the High Court has jurisdiction to determine the lawfulness of the employer's conduct. The urgency of the matter was established by the applicants' attempts to resolve the issue internally and the...

Citation
[2021] ZAFSHC 217
Parties
Applicant: S Selepe; Applicant: PN Dyonase; Respondent: Mohokare Local Municipality; Respondent: NS Buyeye; Respondent: E Wilken
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
25 August 2021
Case Number
3173/2021
Procedural Posture
Urgent Application / Final Determination
Outcome
Application granted; the Council's decision to place the applicants on special leave is declared unlawful and set aside. Applicants to resume duties immediately. First respondent to pay costs.
Judges
C Van Zyl
Legal Topics
Precautionary Suspension, Disciplinary Regulations for Senior Managers, Jurisdiction of High Court, Unlawful Suspension, Special Leave, Urgent Interdict
Labour Law Administrative Law Precautionary Suspension Disciplinary Regulations for Senior Managers Jurisdiction of High Court Unlawful Suspension Special Leave Urgent Interdict

Case Brief

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Parties

S Selepe

Applicant

PN Dyonase

Applicant

Mohokare Local Municipality

Respondent

NS Buyeye

Respondent

E Wilken

Respondent

Procedural Posture

Urgent Application / Final Determination

Legal Issues

  1. 1 Whether the decision by the Council of the Mohokare Local Municipality to place the applicants on special leave was lawful.
  2. 2 Whether the procedure followed by the first respondent complied with the Local Government: Disciplinary Regulations for Senior Managers.
  3. 3 Whether the High Court has jurisdiction to adjudicate the lawfulness of the Council's decision.

Ratio Decidendi

The court found that the first respondent's decision to place the applicants on special leave was unlawful, as the Local Government: Disciplinary Regulations for Senior Managers do not permit an employer to unilaterally impose special leave on senior managers. The prescribed procedures for precautionary suspension were not followed, and the respondent did not contest the factual allegations in the founding affidavit. The court rejected the respondent's jurisdictional objection, holding that the High Court has jurisdiction to determine the lawfulness of the employer's conduct. The urgency of the matter was established by the applicants' attempts to resolve the issue internally and the...

Court Disposition

Application granted; the Council's decision to place the applicants on special leave is declared unlawful and set aside. Applicants to resume duties immediately. First respondent to pay costs.

Orders

  • Non-compliance with the Uniform Rules of Court is condoned and the application is dealt with as urgent.
  • The decision taken on 22 June 2021 by the Council of the first respondent placing the applicants on special leave is declared unlawful, null and void.