Taung Local Municipality v Mofokeng (J 536/2011) [2011] ZALCJHB 30; [2011] 12 BLLR 1243 (LC); (2011) 32 ILJ 2259 (LC) (28 April 2011)

Taung Local Municipality v Mofokeng (J 536/2011) [2011] ZALCJHB 30; [2011] 12 BLLR 1243 (LC); (2011) 32 ILJ 2259 (LC) (28 April 2011)

The court found that the applicant's resolution to suspend the respondent was unlawful due to lack of quorum and procedural defects. Although such an administrative act may exist in fact and have legal consequences until set aside, the respondent was entitled to mount a collateral defence to resist enforcement of the unlawful act. The rule of law and the constitutional right to fair labour practices require that administrative decisions be lawful and procedurally fair. The procedural defect in the resolution was material and rendered the suspension a legal nullity. The applicant lacked locus standi to institute proceedings based on the invalid resolution. The respondent's collateral...

Citation
[2011] ZALCJHB 30
Parties
Applicant: Taung Local Municipality; Respondent: Mpho Mofokeng
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
28 April 2011
Case Number
J 536/2011
Procedural Posture
Urgent Application / Return Day for Confirmation of Rule Nisi
Outcome
Application to confirm the rule nisi is dismissed. The respondent's collateral defence succeeds. The resolution and all acts following it are declared invalid.
Judges
Molahlehi
Legal Topics
Collateral Defence, Ultra Vires, Procedural Fairness, Rule of Law, Fair Labour Practices
Labour Law Administrative Law Collateral Defence Ultra Vires Procedural Fairness Rule of Law Fair Labour Practices

Case Brief

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Parties

Taung Local Municipality

Applicant

Mpho Mofokeng

Respondent

Procedural Posture

Urgent Application / Return Day for Confirmation of Rule Nisi

Legal Issues

  1. 1 Whether the applicant's resolution to suspend the respondent was valid and enforceable.
  2. 2 Whether the respondent could rely on collateral defence to resist enforcement of an unlawful administrative act.
  3. 3 Whether the applicant had locus standi to institute proceedings based on the impugned resolution.

Ratio Decidendi

The court found that the applicant's resolution to suspend the respondent was unlawful due to lack of quorum and procedural defects. Although such an administrative act may exist in fact and have legal consequences until set aside, the respondent was entitled to mount a collateral defence to resist enforcement of the unlawful act. The rule of law and the constitutional right to fair labour practices require that administrative decisions be lawful and procedurally fair. The procedural defect in the resolution was material and rendered the suspension a legal nullity. The applicant lacked locus standi to institute proceedings based on the invalid resolution. The respondent's collateral...

Court Disposition

Application to confirm the rule nisi is dismissed. The respondent's collateral defence succeeds. The resolution and all acts following it are declared invalid.

Orders

  • The rule nisi made on 8 April 2011 is discharged.
  • The respondent is to pay the costs occasioned by the postponement of the matter on 7 April 2011.