South African Municipal Workers Union and Others MEC for COGHSTA and Others (J1677/17) [2017] ZALCJHB 273 (1 August 2017)

South African Municipal Workers Union and Others MEC for COGHSTA and Others (J1677/17) [2017] ZALCJHB 273 (1 August 2017)

The court found that there was insufficient evidence that the draft policy requiring union observer status was ever formally adopted by council resolution. The documents relied upon by the applicant referred to a draft policy subject to further consultation, with no proof of final adoption. The second respondent complied with the statutory requirements under the Local Government Municipal Systems Act and Regulation 12(3), which do not mandate union observer status. Therefore, the appointment process was lawful, and the applicant was not entitled to the urgent relief sought. The issue of transparency could be addressed by the applicant requesting access to the record of the appointment...

Citation
[2017] ZALCJHB 273
Parties
Applicant: South African Municipal Workers Union; Applicant: Persons listed in Annexure A; Respondent: MEC for COGHSTA: S Ntombela N.O; Respondent: Matjhabeng Local Municipality; Respondent: Evans Thabiso Tsoaeli N.O.
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
1 August 2017
Case Number
J1677/17
Procedural Posture
Urgent Application / Application for Urgent Interim Relief Prior to Review
Outcome
Application dismissed with no order as to costs.
Judges
B Whitcher
Legal Topics
Municipal Manager Appointment, Internal Policy Compliance, Observer Status in Selection Panel, Local Government Systems Act, Regulation 12 3, Transparency in Appointments
Labour Law Administrative Law Municipal Manager Appointment Internal Policy Compliance Observer Status in Selection Panel Local Government Systems Act Regulation 12 3 Transparency in Appointments

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Parties

South African Municipal Workers Union

Applicant

Persons listed in Annexure A

Applicant

MEC for COGHSTA: S Ntombela N.O

Respondent

Matjhabeng Local Municipality

Respondent

Evans Thabiso Tsoaeli N.O.

Respondent

Procedural Posture

Urgent Application / Application for Urgent Interim Relief Prior to Review

Legal Issues

  1. 1 Whether the Matjhabeng Local Municipality was required to include the applicant as an observer in the selection panel for the appointment of the municipal manager.
  2. 2 Whether the internal draft policy regarding observer status was formally adopted and binding on the municipality.
  3. 3 Whether the appointment process complied with the Local Government Municipal Systems Act and relevant regulations.

Ratio Decidendi

The court found that there was insufficient evidence that the draft policy requiring union observer status was ever formally adopted by council resolution. The documents relied upon by the applicant referred to a draft policy subject to further consultation, with no proof of final adoption. The second respondent complied with the statutory requirements under the Local Government Municipal Systems Act and Regulation 12(3), which do not mandate union observer status. Therefore, the appointment process was lawful, and the applicant was not entitled to the urgent relief sought. The issue of transparency could be addressed by the applicant requesting access to the record of the appointment...

Court Disposition

Application dismissed with no order as to costs.

Orders

  • The application is dismissed.
  • No order as to costs.