Steve Tshwete Local Municipality v Miyambu and Others (Application for Leave to Appeal) (002049/2025) [2025] ZALCJHB 103 (3 March 2025)

Steve Tshwete Local Municipality v Miyambu and Others (Application for Leave to Appeal) (002049/2025) [2025] ZALCJHB 103 (3 March 2025)

The court found that the respondents had sufficiently pleaded exceptional circumstances warranting urgency, as they suffered extreme economic hardship while tendering their services at the Municipality's premises. The Municipality's argument regarding alternative contracts and lack of budget was rejected, as section 197 of the LRA unequivocally requires automatic substitution of the new employer for all existing contracts, ensuring continuity of employment. The respondents were entitled to payment of outstanding salaries under section 32(3) of the Basic Conditions of Employment Act. The variation of the original order was permissible under section 165(b) of the LRA and relevant case law,...

Citation
[2025] ZALCJHB 103
Parties
Applicant: Steve Tshwete Local Municipality; Respondent: Khazamula Samuel Miyambu; Respondent: Joey De Bruin; Respondent: Razia Goolam; Respondent: Busisiwe Nonhlanhla Mashinini
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
3 March 2025
Case Number
002049/2025
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment Delivered on 5 February 2025
Outcome
Application for leave to appeal refused.
Judges
Seedat
Legal Topics
Section 197 Transfer, Urgent Application, Variation of Order, Arrear Salaries, Basic Conditions of Employment, Leave to Appeal Test
Labour Law Civil Procedure Section 197 Transfer Urgent Application Variation of Order Arrear Salaries Basic Conditions of Employment Leave to Appeal Test

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 23 Party arguments 2
Sign in to unlock

Parties

Steve Tshwete Local Municipality

Applicant

Khazamula Samuel Miyambu

Respondent

Joey De Bruin

Respondent

Razia Goolam

Respondent

Busisiwe Nonhlanhla Mashinini

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment Delivered on 5 February 2025

Legal Issues

  1. 1 Whether the matter was correctly heard on an urgent basis.
  2. 2 Whether the Municipality breached section 197 of the Labour Relations Act regarding transfer of contracts of employment.
  3. 3 Whether the respondents were entitled to payment of outstanding salaries for July to December 2024.

Ratio Decidendi

The court found that the respondents had sufficiently pleaded exceptional circumstances warranting urgency, as they suffered extreme economic hardship while tendering their services at the Municipality's premises. The Municipality's argument regarding alternative contracts and lack of budget was rejected, as section 197 of the LRA unequivocally requires automatic substitution of the new employer for all existing contracts, ensuring continuity of employment. The respondents were entitled to payment of outstanding salaries under section 32(3) of the Basic Conditions of Employment Act. The variation of the original order was permissible under section 165(b) of the LRA and relevant case law,...

Court Disposition

Application for leave to appeal refused.

Orders

  • The application for leave to appeal the judgment of 5 February 2025 is refused.
  • There is no order as to costs.