Strickett v Matjhabeng Local Municipality (4583/2010) [2011] ZAFSHC 133 (18 August 2011)

Strickett v Matjhabeng Local Municipality (4583/2010) [2011] ZAFSHC 133 (18 August 2011)

The court held that section 57 of the Municipal Systems Act does not require a signed written contract, only that a written agreement be adopted and acted upon. The particulars of claim allege that written conditions of employment were presented and accepted, and that the employment commenced and continued for a substantial period. The reference to an oral contract is unfortunate but not fatal, as the claim is based on the written conditions annexed and adopted by the parties. The plaintiff sufficiently pleaded compliance with statutory requirements, and the defendant failed to show that the claim is vague and embarrassing to the extent of causing serious prejudice. Accordingly, the...

Citation
[2011] ZAFSHC 133
Parties
Plaintiff: Carin Strickett; Defendant: Matjhabeng Local Municipality
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
18 August 2011
Case Number
4583/2010
Procedural Posture
Exception Application / Exception to Particulars of Claim
Outcome
Exception dismissed with costs.
Judges
S. P. B. Hancke
Legal Topics
Exception to Particulars of Claim, Employment Contract, Municipal Systems Act, Vague and Embarrassing, Breach of Contract
Civil Procedure Labour Law Exception to Particulars of Claim Employment Contract Municipal Systems Act Vague and Embarrassing Breach of Contract

Case Brief

Summary, issues, holding and outcome

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Parties

Carin Strickett

Plaintiff

Matjhabeng Local Municipality

Defendant

Procedural Posture

Exception Application / Exception to Particulars of Claim

Legal Issues

  1. 1 Does the plaintiff's particulars of claim disclose a cause of action under section 57 of the Local Government: Municipal Systems Act?
  2. 2 Is the reference to an oral contract of employment fatal to the claim?
  3. 3 Has the plaintiff pleaded sufficient compliance with statutory requirements for a valid employment contract?

Ratio Decidendi

The court held that section 57 of the Municipal Systems Act does not require a signed written contract, only that a written agreement be adopted and acted upon. The particulars of claim allege that written conditions of employment were presented and accepted, and that the employment commenced and continued for a substantial period. The reference to an oral contract is unfortunate but not fatal, as the claim is based on the written conditions annexed and adopted by the parties. The plaintiff sufficiently pleaded compliance with statutory requirements, and the defendant failed to show that the claim is vague and embarrassing to the extent of causing serious prejudice. Accordingly, the...

Court Disposition

Exception dismissed with costs.

Orders

  • The exception is dismissed.
  • The defendant is ordered to pay the costs of the exception.